M&C Products Analysis Technology v. Bertik
This is the second time this case is before us. In a prior unpublished opinion, we reversed the order of the trial court denying attorney fees to M&C. We held that M&C was entitled to an award of fees as a matter of law because the trial court found that M&C was the prevailing party under both Civil Code section 1717 and Labor Code section 218.5. (M&C Products Analysis Technology, Inc. v. Bertik (Oct. 19, 2006, B179195).) On remand, the trial court awarded M&C $1,187,906.46 in attorney fees for trial and post-trial proceedings, approximately 90 percent of the amount requested. It awarded an additional $42,277.50, as attorney fees on appeal. On appeal, Bertik argues the fee award is excessive because the trial judge initially determined not to award any attorney fees and the judge who made the award on remand was not the trial judge.
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