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STUTZ v. DAVIS

Docket No. 59686.

122 Cal.App.3d 1 (1981)

175 Cal. Rptr. 701

FRANK STUTZ, Plaintiff and Respondent, v. DAVE DAVIS, Defendant and Appellant; MARGARET E. GEMMILL et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Four.

July 27, 1981.

Attorney(s) appearing for the Case

COUNSEL

Joseph Taback for Defendant and Appellant.

Louis S. Edelberg and Daniel J. Salomon for Plaintiff and Respondent.

Lawson M. Brown for Defendants and Respondents.

OPINION

KINGSLEY, J.

This is an appeal from a judgment awarding attorney fees in a partition proceeding. The appellant contends: (1) the trial court used the wrong formula in awarding fees; and (2) that the trial court improperly awarded attorney fees to two defendants in that action. We agree with appellant and reverse the portion of the judgment awarding fees.

Appellant and...

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