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Salinas Energy Corp. v. American Pipe & Tubing, Inc.
Plaintiffs Darrell and Susan Wilson (collectively the Wilsons)[1] sued defendant and cross-complainant Salinas Energy Corporation (Salinas) for injuries Darrell Wilson sustained while attempting to repair a positive displacement pump on an oil lease Salinas owned. Salinas filed a cross-complaint against cross-defendant American Pipe & Tubing, Inc. (APT) for comparative equitable indemnity and declaratory relief.[2] The trial court granted APT’s summary judgment motion on the cross-complaint. APT thereafter filed a motion for attorney fees under Code of Civil Procedure section 1038,[3] which the trial court granted. Salinas separately appealed from the judgment entered after the summary judgment motion was granted, and the amended judgment entered after the attorney fees motion was granted; at the parties’ request, we consolidated the two appeals.
On appeal, Salinas argues (1) there are triable issues of material fact that prevent the grant of summary judgment, and (2) the post judgment order awarding attorney fees must be reversed because the motion was untimely and Salinas had reasonable cause to bring and maintain the cross-complaint against APT. As we shall explain, we affirm the judgment but reverse a portion of the attorney fees order.

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