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Modification: Chen v. Valstock Ventures, LLC

Ruling by

Tracie L. Brown

Lower Court

San Francisco County Superior Court

Civil Code Section 1717 does not allow for interim awards of attorneys' fees.





Court

California Courts of Appeal 1DCA/4

Cite as

2022 DJDAR 9107

Published

Aug. 26, 2022

Filing Date

Aug. 24, 2022

Opinion Type

Modification

Disposition Type

Reversed

Case Fully Briefed

Mar. 18, 2022

Oral Argument

Jul. 12, 2022


SHAO YAN CHEN et al.,

Plaintiffs and Respondents,

v.

VALSTOCK VENTURES, LLC, et al.

Defendants and Appellants.

 

No. A161885

(San Francisco City & County Super. Ct. No. CGC-18-566208)

California Court of Appeal

First Appellate District

Division Four

Filed August 24, 2022

 

ORDER MODIFYING OPINION; NO CHANGE IN JUDGMENT

 

 

THE COURT: 

 

Appellants' Request for Modification is granted in part and denied in part. It is ordered that the opinion filed herein on July 29, 2022, be modified as follows: 

 

1. In footnote 14 on page 28, the sentence, "Valstock appears to imply that this means the trial court here could not award attorney's fees for the declaratory judgment cause of action until after the conclusion of all appeals from a final judgment" is deleted and replaced with, "Although it clarified and disclaimed this position during oral argument, Valstock's citation to 580 Folsom in its briefing appeared to imply that this means the trial court here could not award attorney's fees for the declaratory judgment cause of action until after the conclusion of all appeals from a final judgment."  

 

There is no change in judgment. 

 

 

Date: _______________      ______________________________ P.J. 

#279893

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