SouthBay Rod and Gun Club v. Dashiell
In the underlying action, South Bay Rod and Gun Club (Club), a California nonprofit mutual benefit corporation, sued Charles M. Dashiell on numerous theories, including a claim alleging he breached his fiduciary duties while acting as a director of Club in connection with a real estate transaction. Club alleged claims for specific performance of an agreement with Dashiell, declaratory relief and breach of fiduciary duty, and sought a determination that Dashiell held certain real property as constructive trustee for Club. Dashiell cross-complained for breach of the agreement, specific performance of his option to retain the real property, declaratory relief and to quiet his title to the real property, and slander of title. The trial court ruled in Dashiell's favor, and this court affirmed in an unpublished opinion. (SouthBay Rod and Gun Club v. Dashiell (Jan. 3, 2008, D048864 [nonpub. opn.] (SouthBay I).) In the present appeal (South Bay II), Club challenges a posttrial order, entered after remand, that awarded Dashiell his attorney fees. Club asserts (1) res judicata principles precluded the trial court from awarding attorney fees, and (2) even if res judicata was not a bar there was no statutory basis for awarding attorney fees.
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