DeposiTech v. Bekins A-1 Movers
Defendant Bekins A-1 Movers, Inc. (Bekins) appeals a judgment in the action filed against it by plaintiff DeposiTech, Inc. (DeposiTech) for breach of contract, negligence, and fraud arising out of damage to DeposiTech's property that occurred while Bekins moved it from one to another storage facility. On appeal, Bekins contends: (1) the trial court erred by allowing DeposiTech to present evidence, and instructing the jury, on loss of a business opportunity as compensatory damages for Bekins's fraud; (2) the evidence is insufficient to support the jury's award of $550,000 in damages for DeposiTech's lost business opportunity; and (3) because the jury's compensatory damages award must be reduced, its punitive damages award must likewise be reduced or at least retried.
DeposiTech cross-appeals, challenging the trial court's order denying its motion for an award of attorney fees. It contends that, as the prevailing party, it is entitled to Civil Code[1] section 1717 attorney fees pursuant to an attorney fees provision in its storage contract with Bekins.
Comments on DeposiTech v. Bekins A-1 Movers