CDQ Obtains Favorable Settlement And Fee Award For Client
In January 2020, CDQ’s client agreed to a seller carry-back loan in connection with its sale of certain commercial real property, pursuant to which CDQ’s client was to be paid a sum certain by July 2020. It was not paid by July 2020 or for months thereafter, resulting in CDQ’s client bringing a breach of contract/judicial foreclosure action against the defendant-payor. The defendant-payor disputed its liability on several grounds and brought counterclaims against CDQ’s client.
Following close of discovery, CDQ attorneys Kevin Moyer and Gabe Aragon assisted the client in securing an advantageous settlement agreement during mediation, pursuant to which the defendant agreed to pay CDQ’s client nearly all remaining amounts due, including default interest, under the terms of the parties’ loan agreement, while also reserving the right to litigate the client’s right to attorneys’ fees and costs. After full briefing and oral argument led by Mr. Moyer for CDQ’s client, the trial court awarded CDQ’s the full amount of attorneys’ fees and all costs requested under the terms of the parties’ agreement, as the successful party under A.R.S. § 12-341.01 and based on the court’s finding under A.R.S. § 12-349 that the defendant defended the action in bad faith, for purposes of delay and without substantial justification.