Calif. Court Awards $52,763 in Fees to Prevailing Condo Sellers

SAN DIEGO - A California appellate court has affirmed attorney fees and costs awarded to the sellers of an allegedly mold-contaminated condominium who successfully defended against nondisclosure allegations by the buyer. Griffith v. Nguyen, et al., No. G037956 (Calif. Ct. App., 4th Dist.).

California's 4th District Court of Appeal said in an unpublished opinion on Feb. 29 that sellers Nguyen Nguyen and Kimberly Orlando were entitled to the award by virtue of the real estate contract, and the court rejected the buyers' contention that the trial judge improperly awarded fees and costs for defending against tort, rather than contract, claims.