Emergency Technologies v. Garcia
Emergency Technologies, Inc. (Emergency Technologies), appeals from an order awarding attorney fees to Sunday Garcia. We affirm. Emergency Technologies sought to recover damages from Garcia on a contract containing an attorney fees provision. The trial court found the contract was unenforceable because Emergency Technologies was not properly licensed. Emergency Technologies recovered nothing, which was less than the amount of Garcia's offer to compromise under Code of Civil Procedure section 998, and, as a consequence, the trial court awarded Garcia her attorney fees under the contract.
The parties have argued at length, both in their appellate briefs and at oral argument, over the extent to which an unenforceable contract may be enforced against one party and whether Emergency Technologies and Garcia are in pari delicto. The appeal is resolved, however, through a simple application of the mutuality rule of Santisas v. Goodin (1998) 17 Cal.4th 599, 611. Emergency Technologies would have been able to recover attorney fees if it prevailed and recovered on the contract; therefore, Garcia is entitled to recover her attorney fees by establishing the contract was unenforceable.
Comments on Emergency Technologies v. Garcia