Corrigan v. Kent CA2/6

California Court of Appeal Dec 1, 2014 No. B247707MUnpublished

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Holding. The court affirmed the trial court's award of attorney fees to the plaintiffs, holding that the parties' stipulated judgment contained a valid attorney fee provision and that the defendant forfeited her objections to the amount of the award by failing to raise them in the trial court.

Issues

Whether the trial court erred in awarding attorney fees based on a provision in a stipulated judgment.
Whether the attorney fee award was excessive.
Whether the defendant waived her right to challenge the reasonableness of the fee award by failing to oppose the motion in the trial court.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Courts will enforce the parties' "freedom to contract" where they stipulate to an attorney fee provision for the prevailing party as part of a settlement agreement.”

“Failure to raise specific challenges in the trial court forfeits the claim on appeal”

Filed 12/1/14 Corrigan v. Kent CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

PATRICK CORRIGAN et al., 2d Civil No. B247707 (Super. Ct. No. 1384882) Plaintiffs and Respondents, (Santa Barbara County)

v. ORDER MODIFYING OPINION [NO CHANGE IN JUDGMENT] JILL DORE KENT,

Defendant and Appellant.

THE COURT: It is ordered that the opinion filed herein on November 12, 2014, be modified as follows: On the listing of counsel page, add the following: "Scafide Law Firm, PC, James F. Scafide," so that the listing of counsel reads: Scafide Law Firm, PC, James F. Scafide; Buynak, Fauver, Archbald & Spray, LLP, James F. Scafide, Shannon E. DeNatale for Defendant and Appellant. McCarthy & Kroes, R. Chris Kroes, Matthew F. Janowicz for Plaintiffs and Respondents.

There is no change in the judgment.

Filed 11/12/14 Corrigan v. Kent CA2/6 (unmodified version) NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 SIX

PATRICK CORRIGAN et al., 2d Civil No. B247707 (Super. Ct. No. 1384882) Plaintiffs and Respondents, (Santa Barbara County)

Corrigan v. Kent CA2/6

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

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JILL DORE KENT,

YEGAN, J.

PERREN, J.

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