Court Vacates Award of Attorneys' Fees to Building Manager Seeking Indemnification

VENTURA, Calif. - A building manager is not entitled to attorneys' fees for pursuing a default judgment against the building owner where the entity sued was a non-existent trust, a California appellate court held June 30. Smith v. Mervis, No. B179231 (Calif. Ct. App., 2nd Dist.).

In an unpublished opinion, the Second District Court of Appeal reversed an award of $11,236 to Brad Smith, a defendant in a personal injury case filed by Rita Gonzalez in 2003. Gonzalez, who claimed injury from exposure to mold in a condominium unit, sued Smith as the building manager and Jeffrey Mervis as the …