REMITTITUR
TENTATIVE RULING: The Court has received the remittitur and will follow the
appellate court’s opinion. In accord with the appellate opinion, the County shall prepare a modified judgment striking paragraph 6 awarding the County attorney’s fees and costs in the total amount of $128,965.37 and paragraph 8 ordering an offset resulting in a net recovery to the County of $108,935.37.
The appellate court remanded to allow this Court to determine the prevailing party under Civil Code section 1717 based on the final resolution of the contract claims. Without taking a position, the appellate court noted it may be appropriate for this Court to consider whether any reduction in fees should be made to reflect the parties’ respective degrees of success, or to apportion fees. The appellate court stated the County may file a motion for attorney’s fees following entry of judgment on remand.
The parties are encouraged to meet-and-confer to resolve the attorney’s fee issue as framed by the app