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CARR BUSINESS ENTERPRISES, INC. v. CITY OF CHOWCHILLA

No. F051999.

166 Cal.App.4th 14 (2008)

CARR BUSINESS ENTERPRISES, INC., Plaintiff, Cross-defendant and Appellant, v. CITY OF CHOWCHILLA, Defendant, Cross-complainant and Appellant; INSURANCE COMPANY OF THE WEST, Cross-defendant and Appellant.

Court of Appeals of California, Fifth District.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Hargrove & Costanzo and Neal E. Costanzo for Defendant, Cross-complainant and Appellant.

Law Offices of J. Michael Pisias, Jr., and Jason Z. Jungreis for Cross-defendant and Appellant.

Charles L. Doerksen for Plaintiff, Cross-defendant and Appellant.

OPINION

WISEMAN, J.

In the published portion of this opinion, we affirm the denial of a request for contractual attorney fees, concluding that the provision relied upon to authorize fees is a standard indemnity clause. We conclude these types of provisions do not create a reciprocal right to fees, despite a reference to performance of work under the contract.

In the unpublished portion of the opinion, we affirm an award of prejudgment interest payable...

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