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Oxnard Corner v. AP-Colton
Plaintiff Oxnard Corner, LLC (Oxnard), owns one of seven parcels in a shopping center on which it operates a supermarket. AP-Colton (AP-C), owned the remaining six parcels, which were leased out subject to a restrictive clause prohibiting the sale of groceries on any of AP-C’s parcels. A subdivision-lessee of one tenant engaged in the prohibited activity and failed to correct the breach. Oxnard sued AP-C, its tenant and subtenant for injunctive relief, as well as for damages sounding in both contract and tort theories. While a hearing on AP-C’s pleading attacks was pending, Oxnard voluntarily dismissed AP-C, and AP-C filed a memorandum of costs. AP-C subsequently filed a motion for attorneys’ fees, which was granted. Oxnard appeals that order.
On appeal, Oxnard argues that the court erred (1) in awarding attorneys’ fees pursuant to Code of Civil Procedure section 1032; (2) finding that AP-C was the prevailing party; (3) making an order for attorneys’ fees prematurely; (4) refusing to delay ruling on the motion until after the case was concluded; (5) refusing to apportion fees between the contract and tort causes of action; and (6) violating the one-judgment rule. We affirm.

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