Court Rejects Calif. Remediator's Claim As 'Prevailing Party'

SAN DIEGO - A California appellate court has rejected a mold remediator's claim for $182,760 in attorneys' fees as the prevailing party in a lawsuit initiated over mold, saying the trial court did not abuse its discretion in denying fees where each side brought unsuccessful indemnity claims. Association Reconstruction Specialists Inc. v. Merit Property Management Inc., Nos. G038112 and G038647 (Calif. Ct. App., 4th Dist.).

The 4th Appellate District panel said in an unpublished opinion on May 2 that California's civil code does not obligate the court to award contractual prevailing-party fees where it finds no prevailing party.

Association Reconstruction …