California Service Station & Automotive Repair Ass'n v. Union Oil Company of California, 232 Cal. App. 3d 44, 283 Cal. Rptr. 279 (Cal. Ct. App. 7-10-91)

The California Court of Appeal in affirming the trial court's judgment for plaintiff also affirmed denial of statutory attorney fees under Business and Professions Code § 21140.4 to plaintiff on its state law claim of violation of state law providing that such agreements must be assignable on the grounds that the plaintiff association had suffered no damages. On appeal, the same court said "the issue of an attorney fee under § 1021.5 was ancillary and collateral to the merits of the underlying action and was not related to or affected by the original appeal" so they reversed and remanded the trial court to determine a reasonable attorney fee. PMPA not considered.