Harris v. Save the Queen CA2/2

Filed 5/28/14 Harris v. Save the Queen CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

PRESTON HARRIS et al, B249533

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. BC438196) v.

SAVE THE QUEEN, LLC,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, William F. Highberger, Judge. Affirmed.

Law Offices of George L. Steele, George L. Steele and Michelle H. Iarusso, for Plaintiffs and Appellants.

Jeffer Mangels Butler & Mitchell, Matthew D. Hinks and Andrew I. Shadoff, for Defendant and Respondent.

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This is the third appeal filed by plaintiffs and appellants Preston Harris (Harris) and Lanny Thomas (Thomas). In this appeal, Harris and Thomas appeal from an order awarding attorney fees and costs to defendant and respondent Save the Queen, LLC (STQ), incurred on a prior appeal. We affirm, finding that appellants are collaterally estopped from relitigating the issue of attorney fees. FACTUAL AND PROCEDURAL BACKGROUND Harris and Thomas are members and officers of Rarebreed Motorcycle Club, Inc. (Rarebreed), which is comprised of African-American members. STQ operates the Queen Mary and surrounding property pursuant to a lease with the City of Long Beach. On March 16, 2009, Rarebreed and STQ entered into a written “SPECIAL EVENTS AGREEMENT” (Agreement), pursuant to which Rarebreed leased from STQ certain facilities at the Queen Mary site to hold Rarebreed’s 20th anniversary celebration. The Agreement contains an attorney fees clause providing that “If any legal action based on this Agreement, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees . . . and costs from the other party.” Harris signed the Agreement on behalf of Rarebreed. The anniversary celebration never took place at the Queen Mary site.1 Harris and Thomas, as well as Rarebreed and Williams, sued STQ and others, alleging inter alia that STQ breached the Agreement and engaged in racial discrimination. In the seventh cause of action for breach of the implied covenant of good faith and fair dealing, Harris and Thomas expressly alleged that “there existed a covenant of good faith and fair dealing by virtue of the contract existing by and between STQ and RAREBREED for the intended