After obtaining a non-suit for two of its clients and a 12-0 defense verdict for the third client in an action filed against them by two tenant/merchants in Ross (see three related articles previously published IN THE NEWS), BHP lawyers followed up by obtaining an attorneys’ fee award for $333,691.55 and a cost award for $72,738 against the plaintiffs.

Marin County Superior Court Judge James R. Ritchie, who presided at the trial, ruled in favor of BHP’s clients in several post-trial motions.   Judge Ritchie granted defendants’ post-trial motion for the award of attorneys’ fees based on a provision in the Lease, finding defendants’ were plainly the prevailing parties and that the provision applied to plaintiffs' tort claims.   The judge rejected numerous arguments proffered by plaintiffs as to why the Lease provision did not apply.   The judge further rejected all but a very minor part of plaintiffs’ attack on defendants’ claim for costs, including the costs for expert witnesses.

In addition, the judge turned back plaintiffs’ efforts to obtain costs and fees based on their limited victory on some of the cross-complaint issues at trial.   He granted defendants’ motion striking plaintiffs’ cost claim and denied plaintiffs’ motion for attorneys’ fees.

Ed Hugo was the main trial attorney for BHP.   All post-trial proceedings were handled by BHP lawyer Jeffrey Kaufman.

Plaintiffs have appealed from the Judgment entered after the trial.

Click here for the ORDER RE ATTORNEYS' FEES