Newport Beach Housing Development Company Slapped with $450,000 In Attorney's Fees

SANTA ANA, Calif., Oct. 9, 2017 /PRNewswire/ -- In two separate orders issued on October 5, 2017, Orange County Superior Court Judge Thierry Colaw ordered Newport Beach-based housing development company KDF Communities LLC ("KDF") to pay over $450,000 in attorneys' fees to Aurora Western Pacific Advisors, Inc. ("AWPA"). 

The orders stem from a dispute between KDF, AWPA, and several other parties relating to a failed real estate investment in Fillmore, California. As part of the dispute, KDF sought to hold AWPA liable for the alleged financial obligations of Raymond Harper, one of KDF's principals. 

AWPA, represented by the Santa Ana-based law firm Callahan & Blaine APLC, successfully moved to dismiss the claim against it, and pursuant to provisions of the operative agreements was entitled to attorneys' fees as the prevailing party. Although Judge Colaw agreed that AWPA was entitled to its fees, he deferred a final determination until the close of the case.

AWPA appealed Judge Colaw's decision, arguing that it was entitled to its fees immediately. In an April 20, 2017 decision, the California Court of Appeal's Fourth District agreed. The case was remanded to Judge Colaw for a final determination on the fees to which AWPA was entitled. In addition to the attorneys' fees it incurred in its defense of KDF's claim, AWPA filed a motion to recover the attorneys' fees it incurred in its successful appeal.

In the first of his October 5, 2017 orders, Judge Colaw ruled that AWPA was entitled to $360,516.75 in attorneys' fees in relation to its defense of KDF's claim. In the second order, Judge ruled that AWPA was further entitled to $91,244.00 in attorneys' fees that it incurred in relation to the appeal.  The two orders result in a total liability against KDF in the amount of $451,760.75.

Dan Callahan, attorney for AWPA explained: "We are incredibly pleased with the result. Our client never should have been dragged into this lawsuit."

Contact:       

Daniel J. Callahan
Callahan & Blaine
Santa Ana, California 
www.Callahan-law.com 
(714) 241-4444  
[email protected]

SOURCE Callahan & Blaine

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