Flake v. Katakis
In this appeal, Stanley Flake, individually and as trustee of Capstone Trust, challenges the posttrial order awarding $750,000 in attorney fees against all plaintiffs, jointly and severally, to defendants Andrew Katakis, his company California Equity Management Group, Inc. (CEMG), and the Fox Hollow of Turlock Owners Association (FHOA). Flake contends the trial court erred in awarding attorney fees against him because: (1) he did not bring an action to enforce the governing documents within the meaning of Civil Code section 1354, nor did he bring an action on a contract within the meaning of section 1717; and (2) defendants did not prevail because substantial evidence did not support the unclean hands findings as to him and the trust. Alternatively, (3) the trial court abused its discretion by imposing fees jointly and severally, so the matter must be remanded for the trial court to apportion the attorney fee award among the plaintiffs. We disagree and affirm the order.
FACTual and PROCEDURAL summary
The factual and procedural summary relevant to the underlying lawsuit is set forth in Sinclair v. Katakis, F058822 and is not repeated here. The factual and procedural summary relevant to this appeal is as follows.
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