Plaintiffs’ Motion for Attorneys’ Fees and Costs is granted in the amount of $114,596.
Defendant’s Request for Judicial Notice is granted as to #1-5 and denied as to #6, which is not shown to be a court record.
Plaintiffs may not recover their costs of suit for the trial. Plaintiffs filed a Memorandum of Costs, defendant moved to tax costs, and this court granted the motion on February 16, 2018 on the ground that there was no prevailing party at trial because plaintiffs prevailed on two issues (Judgment ¶¶2 and 3B) and defendant prevailed on five issues (Judgment ¶¶1A, 1B, 3C, 4 and 5).
Plaintiffs did not appeal from that ruling, and thus that ruling is final, even though the court of appeal reversed this court’s ruling on issue 3C.
Even after the reversal, the ruling as a whole was still a mixed bag.
Plaintiffs may recover the attorneys’ fees they incurred on or before the date the original Judgment was entered, December 28, 2017, notwithstanding CRC Rule 3.1702(b)(1), which provides