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HORNING v. SHILBERG

No. D043933.

29 Cal.Rptr.3d 717 (2005)

130 Cal.App.4th 197

Thomas A. HORNING, Plaintiff and Appellant, v. Harold SHILBERG, Defendant and Respondent.

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

June 14, 2005.

Attorney(s) appearing for the Case

Fitzmaurice & Demergian and David K. Demergian, San Diego, for Plaintiff and Appellant.

Littler Mendelson and John S. Adler, San Diego, for Defendant and Respondent.

IRION, J.

Plaintiff Thomas A. Horning appeals a judgment awarding attorney fees and costs under Civil Code section 1717 to defendant Harold Shilberg as the prevailing party on Horning's claim for breach of contract to convey real property. Horning contends the trial court was not authorized to modify its orally announced tentative decision. Horning further contends he should have been awarded as damages: (1) a commission of $21,450; (2) resale profits of $205,000...

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