Cui v. Secured Capital Limited Partnership CA4/1

Filed 12/2/21 Cui v. Secured Capital Limited Partnership CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

PAUL CUI, D078538

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2019- SECURED CAPITAL LIMITED 00041913-CU-FR-CTL) PARTNERSHIP et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of San Diego County, Ronald L. Styn, Judge. Reversed. Liu & Wakabay and Youjun Liu for Plaintiff and Appellant. Mulvaney Barry Beatty Linn & Mayers, Patrick L. Prindle and George A. Rios III for Defendants and Respondents. Paul Cui appeals a postjudgment order awarding defendants Secured Capital Limited Partnership (Secured Capital) and El Dorado Properties, Inc. (El Dorado) approximately $97,000 in prevailing party attorney fees and costs. Cui contends that because our court has since reversed the underlying judgment in a separate appeal (Cui v. Secured Capital Limited Partnership

(June 28, 2021, D078110) [nonpub. opn.] (Cui I)), we must now also reverse the postjudgment order awarding fees and costs. We agree, and will do so. FACTUAL AND PROCEDURAL BACKGROUND In October 2018, Secured Capital filed an unlawful detainer complaint against Cui alleging he breached a commercial lease. The parties resolved the suit in December 2018 with a stipulated judgment under which Cui agreed to forfeit the lease, surrender possession of the leased premises, and pay specified rent for the interim period. About seven months later, in August 2019, Cui filed an unlimited civil suit against Secured Capital and its real estate broker, El Dorado. As later amended, the complaint asserted causes of action against Secured Capital for intentional misrepresentation, negligent misrepresentation, concealment, premises liability, and breach of contract; and against El Dorado for intentional misrepresentation, negligent misrepresentation, and concealment (but not for premises liability or breach of contract). The gist of Cui’s claims was that the defendants had misrepresented the suitability of the leased premises for Cui’s intended use. Secured Capital and El Dorado moved for summary judgment (or, in the alternative, summary adjudication) on the basis that the stipulated judgment in the unlawful detainer case barred Cui’s current claims. The trial court granted the motion. About two weeks later, on October 2, 2020, Secured Capital and El Dorado filed a motion seeking prevailing party attorney fees and costs. About two weeks after that, on October 14, the trial court entered judgment for Secured Capital and El Dorado. Cui appealed the judgment the following day.