Pellegrino v. Pellegrino
Francis V. Pellegrino (Frank), Alexander C. Pellegrino (Alex), and Gina Marie Pellegrino (Gina) are siblings and partners of Nicholas Pellegrino Investments, LP (NPI), a California limited partnership started by their late father.[1] After years of disputes and escalating tensions, Frank and Alex filed a declaratory relief action to determine the rights and obligations of the managing partners and limited partners of NPI. Gina filed, but later dismissed, a cross-complaint for involuntary dissolution of NPI. A provision in the NPI partnership agreement allows the prevailing party to recover attorney fees.
Following a bench trial, Frank and Alex prevailed on all aspects of the litigation and the court ordered Gina to pay attorney fees. Gina argues that she should not have to pay the attorney fees Frank and Alex incurred defending her cross-complaint because she voluntarily dismissed it. The NPI partnership agreement's provision on attorney fees was broadly worded and covered "any dispute between the partners." Absent a statutory reason not to honor the intent of the contracting parties, we affirm the orders.
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