Kruse v. McLaughlin
Mark Kruse and Susan C. Kruse (the Kruses) appeal from a judgment entered after the trial court granted the motion of Jennifer K. McLaughlin to dismiss the Kruses complaint under Code of Civil Procedure section 581 (all further code references are to the Code of Civil Procedure). The Kruses also appeal from a postjudgment order awarding McLaughlin contractual attorney fees and costs based on section 998. For reasons Court explain, we reverse the judgment and remand. Because we reverse the judgment on which attorney fees and costs were awarded, Court also reverse the order awarding attorney fees and costs. (Metropolitan Water Dist. v. Imperial Irrigation Dist. (2000) 80 Cal.App.4th 1403, 1436.)
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