A land developer and other plaintiffs sued Wingert Grebing’s client for monies allegedly owed under a Joint Development Agreement (JDA).  Steve Grebing and Amy Simonson successfully moved for summary judgment on the grounds their client was not a party to the JDA or bound by its terms.  The plaintiffs then amended their complaint.  The Court sustained a demurrer filed by Mr. Grebing and Ms. Simonson without leave to amend, and ultimately awarded more than $216,000 in fees and costs pursuant to the JDA.  Despite the fact Mr. Grebing and Ms. Simonson’s client was not a party to the JDA, they successfully argued that plaintiffs would have been entitled to recover fees and costs if the plaintiffs had prevailed.  Principles of equity and fairness required the same result for Mr. Grebing and Ms. Simonson’s client.