Gray v. Monterey Financial Services
Michael William Gray and Patricia Ann Gray, as trustees of the Gray Revocable Trust, appeal an order denying in part their motion for attorney fees from Monterey Financial Services, Inc. (Monterey) following their acceptance of Monterey's offer of compromise under Code of Civil Procedure section 998. The Grays contend the court erred by deducting fees they incurred before a certain date that were unrelated to the filing of the complaint, as the section 998 offer that contains the fee provision has no temporal limitation on fees. They also contend the court abused its discretion by deducting attorney travel time, and alternatively, by miscalculating the amount of the deduction. Further, they contend the court failed to exercise its discretion on their supplemental request for fees, and remand is required for the exercise of discretion. Lastly, they claim the court erred by not entering a judgment on the section 998 compromise, and the error caused them to incur additional fees the court disallowed. We modify the order to increase the award of fees by $660. As modified, Court affirm the order.
Comments on Gray v. Monterey Financial Services