Robinson v. Montana Bail Bonds CA2/2

Filed 10/15/13 Robinson v. Montana Bail Bonds CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

GRACE D. ROBINSON, B246891

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GC044161) v.

MONTANA BAIL BONDS, INC.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. C. Edward Simpson, Judge. Affirmed.

Law Offices of G. Marshall Hann and G. Marshall Hann for Defendant and Appellant.

Pasadena Law Center and E. Samuel Johnson III for Plaintiff and Respondent.

______________________

This is the second appeal involving these parties. In the first appeal, defendant and appellant Montana Bail Bonds, Inc. (Montana) challenged the trial court’s judgment of contempt for its willful violation of a preliminary injunction. (Robinson v. Montana Bail Bonds, Inc. (July 25, 2012, B233010) [nonpub. opn.] (Robinson I).) On July 25, 2012, we reversed the trial court’s judgment. (Robinson I, supra, B233010, at p. 1.) On remand, Montana moved for attorney fees. The trial court denied Montana’s motion, and Montana appeals. We agree that Montana is not entitled to attorney fees. The trial court’s order is affirmed. FACTUAL AND PROCEDURAL BACKGROUND The Deed of Trust and Attorney Fees Provision On August 30, 2007, Grace D. Robinson (Robinson), as trustor, Underwriters Surety, Inc., as trustee, and American Surety Company (ASC), as beneficiary, executed a deed of trust securing payment to ASC resulting from the execution of a bail bond. Specifically, the deed of trust secures “(1) . . . all monies due to the Beneficiary and for all interest, premiums, losses, costs, expenses, expenditures, including but not limited to reasonable attorney’s fees and liability suffered, sustained, made or incurred by the Beneficiary and as more fully set forth and described in a certain Bail Agreement dated August 30, 2007, and/or (2) on account of, growing out of, or resulting from the execution of a certain bond . . . in the amount of $400,000 by Montana Bail Bond as agent for Beneficiary.” The bail agreement is not part of the appellate record. The deed of trust further provides “that a certificate signed by the Beneficiary at any time hereafter stating . . . that any loss, damage, expenditure or liability has been sustained by the Beneficiary or its agent on account of the Bail Agreement, which certificate shall specify the date or dates and the amount or amounts of such loss, damage, expenditure (including reasonable attorney’s fees) or liability . . . and that such loss, damages, expenditures (including said reasonable attorney’s fees) or determined liability has not been paid to the Beneficiary, shall be conclusive and binding on the