Alpinieri v. Skeen
This action arose out of a dispute between property owners in La Jolla Shores Heights (Heights). The superior court granted the motion of defendants and cross-complainants James Skeen, Lorena Skeen and Skeen Family Trust (together, the Skeens) for summary adjudication on the cause of action of plaintiffs and cross-defendants Louis J. Alpinieri and Brenda L. Alpinieri (together, the Alpinieris) for breach of contract. The court also granted summary adjudication in the Skeens' favor on their cause of action for declaratory relief against the Alpinieris and other Heights property owners.
On October 28, 2011, the court granted in part the Skeens' motion for attorneys' fees. The court awarded the Skeens $415,219.48 as prevailing parties (Civ. Code, § 1717), representing the fees they incurred in defending the Alpinieris' breach of contract cause of action and in prosecuting their own cause of action for declaratory relief. On the same date, the court granted in part the Alpinieris' motion to tax costs and awarded the Skeens $16,944 in costs. On October 31, the Alpinieris filed a notice of appeal of the October 28 orders.
On March 8, 2012, while the appeal was pending, this court reversed the summary adjudication on the Alpinieris' breach of contract cause of action and the Skeens' declaratory relief cause of action.
The Alpinieris and the Skeens have filed a "stipulation for reversal of orders awarding respondents attorney fees and costs." They stipulate to the reversal of the October 28, 2011 orders, the Alpinieris' recovery of $682 in costs on appeal from the Skeens, due when the remittitur issues, and immediate issuance of the remittitur. The reason for the stipulation is this court's reversal of the summary adjudication on which the October 28, 2011 orders were based. (Gillan v. City of San Marino (2007) 147 Cal.App.4th 1033, 1053.) We accept the stipulation.
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