August 2024 – Page 3 – Cal Attorneys Fees

Fee Clause Interpretation, Section 1717: Prevailing Defendant’s Dismissal Of Cross-Complaint After Winning Did Not Give Rise To Fee Exposure

August 1, 2024

Santisas Rule Applied, With Dismissed Cross-Complaint Only Raising Contractual Claims. In Colaco v. Marcum LLP, Case No. B326252 (2d Dist., Div. 2 July 30, 2024) (unpublished), plaintiff sued his accounting firm for misrepresentation after losing money in some investments, with the defendant obtaining summary judgment and then voluntarily dismissing a cross-complaint containing indemnity and […]

Civil Rights: The Price Of A Frivolous ADA Hotel Accessibility Action In Terms Of Attorney’s Fees—Plaintiff Was Hit With A $57,604.90 Adverse Fee/Costs Award

Voluntary Dismissal Before Opposition To Summary Judgment Motion Did Not Do The Trick. In Garcia v. Zarco Hotels Incorporated, Case No. B332298 (2d Dist., Div. 1 July 29, 2024) (unpublished), plaintiff brought an ADA suit challenging a hotel’s accessibility policies to enable disabled persons to determine whether the hotel’s common areas and room were