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Weco Supply Company, Inc., A California v. the Sherwin-Williams Company

January 11, 2013

WECO SUPPLY COMPANY, INC., A CALIFORNIA CORPORATION
PLAINTIFF,
v.
THE SHERWIN-WILLIAMS COMPANY,
DEFENDANT.



ORDER REGARDING DEFENDANT'S REQUEST FOR CLARIFICATION AND RELATED CROSS-ACTION (Doc. No. 82)

On January 3, 2013, the Court issued an Order denying Defendant and Cross-Claimant Sherwin-Williams' Motion for Attorney's Fees. See Court's Docket, Doc. No. 81. Sherwin-Williams' Motion for Attorney's Fees requested both attorney's fees and expert fees under California Civil Code § 3426.4. See id., Doc. No. 74. Sherwin-Williams now seeks clarification of the Court's ruling on the requested $13,361.50 in expert fees, and requests a supplemental order awarding Sherwin-Williams the expert fees. See id., Doc. No. 82. Finding that there was no showing of subjective bad faith, as required under § 3426.4, the Court's Order expressly stated, "[a]ccordingly, Sherwin-Williams' motion for attorneys' fees and expert fees pursuant to California Civil Code § 3426.4 is denied." See id., Doc. No. 81, 6:3-5. Thus, no clarification or modification of the Court's Order is necessary. Sherwin-Williams' request for expert fees remains DENIED.

IT IS SO ORDERED.

UNITED STATES DISTRICT JUDGE

20130111

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