Barajas v. Brandon
The action in the Los Angeles County Superior Court had its inception in a construction contract pertaining to the remodeling of a residence. The residence was owned by John S. Brandon and his wife Diane A. Golden in the form of the Brandon-Golden Trust.[1] Jorge Barajas, doing business as Serrano Construction,[2] was engaged to do the construction work. Eventually, the construction company sued for work not paid for by the owners. The owners cross complained for uncompleted and defective work. The results of a bench trial ended in a judgment on the contractor's complaint in the amount of $45,702 and on the cross complaint of owners for $260,543 for costs to correct and complete the contract work for a net recovery to owners in the amount of $214,832. Owners moved post judgment for attorneys fees as the prevailing parties pursuant to statutory authority contained in Civil Code section 3260,[3] which the trial court found inapplicable and denied owners' motion for attorneys fees. This appeal followed as an appealable order under section 904.1, subdivision (a)(2) of the Code of Civil Procedure and Citizens Against Rent Control v. City of Berkeley (1986) 181 Cal.App.3d 213, 223 in which owners contend they are entitled to attorneys fees in the amount of $208,865.90.
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