Century Quality Management v. JMS Air Conditioning etc. CA2/7

Filed 1/21/15 Century Quality Management v. JMS Air Conditioning etc. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

CENTURY QUALITY MANAGEMENT, B255326 INC., (Los Angeles County Cross-complainant and Respondent, Super. Ct. No. BC472126)

v.

JMS AIR CONDITIONING AND APPLIANCE SERVICE, INC.,

Cross-defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Michael P. Linfield, Judge. Affirmed. Law Office of Robert G. Klein and Robert G. Klein, for Cross-defendant and Appellant. No appearance for Cross-complainant and Respondent.

Century Quality Management Inc. sued JMS Air Conditioning and Appliance Service, Inc. for JMS’s allegedly defective performance on a construction project located on University Avenue in Riverside County. Century Quality Management’s first amended complaint was dismissed with prejudice. The trial court thereafter denied JMS’s motion for attorney fees, ruling JMS had failed to establish the action was based on a contract with an attorney fee provision. JMS appeals from the order denying attorney fees. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1. The University Avenue Project In May 2008 Notis Enterprises, doing business as L&M Construction, entered into a construction contract with the owner of property at 1820-1860 University Avenue in Riverside, California to build two commercial buildings. L&M was the general contractor; according to JMS, Century Quality Management was the construction manager representing the project owner. L&M and JMS thereafter entered into a series of subcontracts between February 2008 and March 2009 for heating, ventilation and air conditioning work at the University Avenue project. Those subcontracts contained a provision for attorney fees: “Purchaser agrees to pay all costs of collection, including 1 attorney’s fees.” Century Quality Management is not a party to any of those contracts. 2. The Initial Lawsuits JBT Construction, Inc., another subcontractor on the University Avenue project, sued L&M in Riverside County with respect to a dispute regarding its work on the project. That case was transferred by stipulation to the Los Angeles Superior Court, where it was related to an action brought by JBT for work performed on a different project (in West Hollywood) as to which L&M was also the general contractor. Through a series of cross-complaints, JMS was brought into this action; and L&M and JMS