December 19, 2011
Appellate Court Awards Attorney's Fees
The Court of Appeal for the First District unanimously affirmed an attorneys' fees award for a plaintiff's material breach of a settlement agreement. After a nine hour settlement conference, plaintiff Joel Thomas Toler agreed to dismiss his complaint against the Spurs Ranch Owners' Association for a waiver of costs. Toler also agreed to mechanically restrict and shield his property's security camera so it could not observe neighbors' homes. The settlement also provided that the defendants' pending motions for attorneys' fees would be withdrawn without prejudice and reinstated if Toler materially breached the agreement.
Toler failed to shield the camera. The Superior Court determined Toler materially breached the settlement, reinstated the defendants' motions for attorneys' fees, and granted them, awarding $20,000 in fees and costs.
In an unpublished decision, the appellate court found that substantial evidence supported the superior court's findings and fee award. The Spurs Ranch Owners' Association was also awarded its costs for the appeal.
Shareholder William S. Kronenberg and Director Steven A. Kronenberg represented the Spurs Ranch Owners' Association. Steven A. Kronenberg wrote the Respondents' Brief. The appeal was decided without oral argument. The case is Toler v. LeFevre, 2011 WL 6057845.