Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)

Citation: Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)
Parent Document: Aljabban v. Fontana Indoor Swap Meet, Inc. (2020)
Jurisdiction: California (state)
Effective Date: 2020-09-10
Original Source: https://www.courtlistener.com/opinion/4784084/aljabban-v-fontana-indoor-swap-... ↗

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no longer necessarily the prevailing party in this action”]; Merced County
Taxpayers’ Assn. v. Cardella (1990) 218 Cal.App.3d 396, 402 [“An order
awarding costs falls with a reversal of the judgment on which it is based”].)
We accordingly reverse the attorney fee and costs award with respect to
Aljabban, and we remand to the trial court to take appropriate action on the
issue of attorney fees and costs in light of the applicable legal standards. We
express no view on how the issue of attorney fees or costs should be resolved
on remand, including the attorney fees incurred in this appeal.
DISPOSITION
We reverse the judgment denying relief to Aljabban on all causes of
action, and we direct the trial court to issue a new judgment as to Aljabban
granting him relief against FISM on the causes of action for breach of
contract and conversion in the amount of $680.00. The judgment shall
specify that the defendants prevail against Aljabban on all of the remaining
causes of action. Further, we reverse the order requiring Aljabban to pay
attorney fees in the amount of $121,043, and costs in the amount of
$14,374.60, and we direct the trial court on remand to consider the issue of
attorney fees and costs, as concerns Aljabban, in light of the applicable legal
standards. Carrasco is not a party to this appeal, and our disposition does
not reverse the judgment or the attorney fee and costs order as to Carrasco.
The parties are to bear their own costs on appeal. IRION, J. WE CONCUR: HUFFMAN, Acting P. J.

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