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CARWASH OF AMERICA-PO v. WINDSWEPT VENTURES

No. C035179.

118 Cal.Rptr.2d 536 (2002)

97 Cal.App.4th 540

CARWASH OF AMERICA-PO LLC, Plaintiff and Respondent, v. WINDSWEPT VENTURES No. I, LLC, et al., Defendants and Appellants.

Court of Appeals of California, Third District.

April 9, 2002.

Attorney(s) appearing for the Case

Porter, Scott, Weiberg & Delehant, Carl J. Calnero, Shane Singh, Sacramento, Robin E. Weideman, Walsworth, Franklin, Bevins & McCall and Jeffrey P. Walsworth, Orange, for Defendant and Appellant.

Patrick C. Kerwin, Menlo Park, and Kyle G. Bach, San Francisco, for Plaintiff and Respondent.

HULL, J.

Where judgment is entered for the plaintiff on a claim for breach of contract, and the contract contains a provision permitting the prevailing party to recover expert witness fees, such fees may not be awarded as an item of costs but must be pleaded and proven separately. (Ripley v. Pappadopoulos (1994) 23 Cal.App.4th 1616, 1627, 28 Cal.Rptr.2d 878.) In this...

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