in brief: Fees denied to prevailing defendant in Swearingen v. Haas Automation, Inc.

United States District Court Judge Barry Ted Moskowitz (Southern District of California) denied Defendants' motion for an award of attorney's fees after the Defendants obtained a dismissal of plaintiff's Second Amended Complaint.  Swearingen v. Haas Automation, Inc., 2010 WL 1495204 (S.D.Cal. Apr 14, 2010).  The Court held that changes to Penal Code section 502 removed a bilateral fee provision and a claim sounding in tort was outside the attorney fee provision of a lease agreement between the parties.