Plt., Kevin Brownley and Devon Brownley, Motion for Attorneys Fees —

Granted in the amount of $41,457.50; This motion is brought under CCP 1021, 1032 and 1033.5. It is not based on CC 1717 and 1717 is not relied upon by the moving party. The contract provision is broadly worded, providing for attorney fees for the prevailing party ‘arising out of this agreement. This language would include the fraud claims of the cross complaint. The fraud claims are inextricably related to the work of Plt’s contract based claims. The summary judgment motion does not appear to have been frivolous or meritless under the facts of this case. Motions that were contested.

The hourly rates for the two counsel working on the Plts. case do not appear to be excessive or unreasonable for attorneys of like experience. The billing breakdown of the hours spent by counsel appear to be reasonable in light of the experience of the attorneys, the success achieved in this action and the potential damages to which the Plt.s were exposed.