Ruling by
Arthur GilbertLower Court
San Luis Obispo County Superior CourtLower Court Judge
Ginger E. GarrettThe reciprocal attorney's fees provision of the Civil Code does not apply in a contract with a government agency that had no authority to enter into an attorney's fee provision in the first place.
Court
California Courts of Appeal 2DCA/6Cite as
2022 DJDAR 5417Published
Jun. 1, 2022Filing Date
May 31, 2022Opinion Type
ModificationDisposition Type
ReversedCase Fully Briefed
Jul. 30, 2021Oral Argument
Jan. 13, 2022SAN LUIS OBISPO LOCAL AGENCY FORMATION COMMISSION et al.,
Cross-complainants and Appellants.
v.
CENTRAL COAST DEVELOPMENT COMPANY,
Cross-defendant and Respondent.
2d Civ. No. B304144
(Super. Ct. No. CV130383)
(San Luis Obispo County)
California Courts of Appeal
Second Appellate District
Division Six
Filed May 31, 2022
ORDER MODIFYING OPINION AND DENYING REHEARING
[NO CHANGE IN JUDGMENT]
THE COURT:
It is ordered that the opinion filed herein on May 5, 2022, be modified as follows:
1. In lines 4-5 in the last full paragraph on page 6, the sentence "It is obvious that the same rule applies" is changed to "It is obvious that the same rule applies to this and any other paragraph in the agreement."
There is no change in judgment.
Respondent's petition for rehearing is denied.
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