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ERICKSON v. R.E.M. CONCEPTS, INC.

No. D043620.

25 Cal.Rptr.3d 39 (2005)

126 Cal.App.4th 1073

John ERICKSON et al., Plaintiffs, Cross-complainants and Appellants, v. R.E.M. CONCEPTS, INC., Defendant, Cross-defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

As Modified February 14, 2005.

Attorney(s) appearing for the Case

Steven Margarito Nunez, William H. Naumann, Naumann & Levine LLP, San Diego, CA, for Plaintiffs and Appellants.

Timothy D. Lucas, Parker Stanbury, San Diego, CA, for Defendant-Respondent.

IRION, J.

After losing the jury trial in this construction defect litigation, plaintiffs and cross-complainants John Erickson et al.1 (collectively Erickson) appeal the portion of the amended judgment awarding attorney fees to defendant and cross-defendant R.E.M., Concepts, Inc. (R.E.M.)2 under Civil Code3 section 1717. Erickson contends

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