California Supreme Court Watch

Mar 18, 2015
#15-25 Mountain Air Enterprises, LLC v. Sundowner Towers, LLC, S223536

#15-25 Mountain Air Enterprises, LLC v. Sundowner Towers, LLC, S223536. (A138306; 231 Cal.App.4th 805; Marin County Superior Court; CIV081957.) Petition for review after the Court of Appeal reversed an order denying attorney fees in a civil action. This case includes the following issues: (1) Does the assertion of an agreement as an affirmative defense implicate the attorney fee provision in that agreement? (2) Does the term “action” or “proceeding” in Civil Code section 1717 and in attorney fee provisions encompass the assertion of an affirmative defense?

Review granted 03/18/2015 | Oral Argument: 05/03/2017

See the Petition for Review.