DKN Holdings v. Faerber CA4/2

Filed 9/2/15 DKN Holdings v. Faerber CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

DKN HOLDINGS, INC.,

Plaintiff and Appellant, E055732, E056294

v. (Super.Ct.No. RIC1109512)

WADE FAERBER, OPINION

Defendant and Respondent.

APPEAL from the Superior Court of Riverside County. John Vineyard, Judge.

Reversed and remanded.

Prenovost, Normandin, Bergh & Dawe, Michael G. Dawe and Paula M. Harrelson

for Plaintiff and Appellant.

Callahan & Blaine, Edward Susolik and Michael S. LeBoff for Defendant and

Respondent.

On April 9, 2014, this court issued an opinion (1) affirming the judgment of the

trial court dismissing the complaint by appellant DKN Holdings, Inc. (DKN) against

1

respondent Wade Faerber for unpaid rents and other monies due under a commercial

lease (E055732) and (2) affirming the postjudgment order of the trial court awarding

Faerber $54,817.50 in attorney fees as the prevailing party on DKN’s complaint,

pursuant to an attorney fee provision in the lease (E056294). (Civ. Code, § 1717.)