 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Stevens v. 396 Investment Co.5/17/2005
ents between 396 and the plaintiffs, 396 will recoup much of the money it paid the plaintiffs. Anaheim contends that any amounts so recouped should be offset against 396's judgment and, furthermore, that the failure to offset any such amounts could lead to a double recovery on the part of 396. However, Anaheim fails to address the particular language of the sliding scale settlement agreements that it claims could result in such a double recovery. It simply makes reference to its trial brief on the topic. The trial brief, in turn, broadly mentions certain pages out of certain exhibits, but fails to either quote or analyze the pertinent language contained therein. We have taken the initiative to locate the sliding scale settlement agreements in the record. However, it is not apparent to us that the complex language on recovery of monies from non-settling parties will result in a double recovery for 396. Inasmuch as Anaheim has not taken the time to provide us with a discussion of the relevant language or an explanation of why the provisions of the settlement agreements should be interpreted in the manner it suggests, we do not respond with a detailed analysis of our own. Suffice it to say, the burden is on the appellant to demonstrate error (Del Real v. City of Riverside, supra, 95 Cal.App.4th at p. 766), and Anaheim has not met its burden on this point.
(c) Vista Royale Assignment
Vista Royale was the owner of the common areas lying within Tract 10439. As such owner, it filed a complaint against 396. 396 filed a cross-complaint against Vista Royale, and alleged that Vista Royale had negligently maintained the common area.
Ultimately, Vista Royale and 396 entered into a settlement agreement. As one term of that agreement, Vista Royale "assign any and all claims that it . . . against . . . Anaheim in the [various related actions] including claims for property damage, costs of repair, diminution in value, attorneys' fees, expert fees and costs based upon claims of inverse condemnation, negligence, trespass, nuisance, dangerous condition of public property, and any and all other theories in law or equity that it possesse or which [might have accrued] as against Anaheim . . . ." Furthermore, Vista Royale gave 396 the right to pursue the assigned claims in Vista Royale's name. 396, in turn, assumed all of the liabilities arising out of the prosecution of the assigned claims.
The court awarded Vista Royale $391,545 in attorney fees and $366,212 in costs. Anaheim claims that the total of these two amounts should be offset against 396's indemnity claim. Anaheim explains that because 396 received the entirety of the fee and cost award, "it not out of pocket that amount" and the court's failure to offset the total amount of the award resulted in a windfall to 396. However, Anaheim cites no portion of the record identifying the components of either the $10,377,181 damage award in favor of 396 or the $1,291,172 offset in favor of Anaheim. It is not apparent to us either that the damage award includes an amount with respect to the attorney fees and costs in question or that the offset fails to include an amount with respect to those fees and costs. In short, we have no basis for evaluating Anaheim's argument and cannot conclude that 396 received a windfall. It is Anaheim's burden to demonstrate error, and it has failed to do so. (See Del Real v. City of Riverside, supra, 95 Cal.App.4th at p. 766.)
N. ATTORNEY FEES:
(1) Introduction
The court awarded attorney fees in accordance with Code of Civil Procedure section 1036. That section provides: "In any inverse condemnation proceeding, the court rendering judgment for the plaintiff by award
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|