However, Losing Party’s Failure To Appeal Earlier Fee Award Led To The Equitable Resolution By The Appellate Court. Adams v. Easley, Case No. C081016 (3d Dist. May 23, 2019) (unpublished) is an interesting case where an in pro per tenant plaintiff was assessed with additional appellate fees of $7,548 in favor of landlord in […]
Myriads Of Other Bases For Fee Entitlement, First Introduced On Appeal, Rejected. If you are going to seek fee recovery, make sure you put forth all of your bases for fee entitlement at the trial court level. The fee claimant in Glass v. Veros Credit, LLC, Case No. G055257 (4th Dist., Div. 3 April
Action Was Based On Tort, Not CC&Rs; Fee Clause Did Not Reach Tort Claims Under Section 1717; And Defendants Failed To Apportion Costs As Between Themselves. In the fee area, you must have a solid fee entitlement basis and you usually have to apportion costs where there are several prevailing defendants rather than claim
$207,350 Fee Recovery Went POOF! On Appeal. In Pasco v. MGK Consulting, Case No. B281144 et al. (2d Dist., Div. 2 March 27, 2019) (unpublished), defendants won a motion for judgment at the close of plaintiffs’ case based on lack of standing for two claims and eventually obtained judgment in their favor as to
Storage Facilities Had A Clear Fee Entitlement Provision, With Another Provision Not Capping Them At All—With Reasonable Fees Being The Only Limitation. In Enjati v. Big Bear Moving, Inc., Case No. E068332 (4th Dist., Div. 2 Mar. 13, 2019) (unpublished), defendants were awarded contractual attorney’s fees after prevailing at trial on a storage facility
Plaintiff Hit With Attorney Fees Provision In Valid Settlement Agreement After Unsuccessfully Attempting To Back Out In Martello v. Buck, Case No. B285001 (2d Dist., Div. 1 March 1, 2019) (unpublished), Plaintiff Doctor sued Defendants Patient husband and his wife for defamation, assault, and intentional infliction of emotional distress after Defendants expressed dissatisfaction with
Failure To Specify To Whom Fees Were Paid Was Not Fatal Either. In Juarez v. Law Firm of Higbee & Associates, Case No. G054016 (4th Dist., Div. 3 Feb. 28, 2019) (unpublished), former law firm won a summary judgment against a former client who sued for legal malpractice and breach of the engagement contract
Absence Of Parol Evidence/Reporter’s Transcript Sealed The Result. If you are going to argue that a fees clause in one contract also governs another contract between different parties, you better introduce parol evidence to prove it. The loser in a fee battle did not do that in Morales v. Thee Aguila, Inc., Case No.
Easement Agreement Fees Clause Was Broad Enough To Allow For Fee Entitlement. In Stark v. Ortiz, Case No. A153680 (1st Dist., Div. 5 Jan. 24, 2019) (unpublished), defendant won contractual fees in a neighboring landowner easement dispute against a plaintiff. The parties had an Easement Agreement with a fees clause encompassing “any legal action
Fee Clause “Any Right” Language Allowed Tenant To Recover For Landlord’s Misrepresentations. Zhang v. Cheung, Case No. B282132 (2d Dist., Div. 7 Jan. 16, 2019) (unpublished) involved a situation where a landlord won only $16,200 in damages for breach of a lease, while tenant won $30,078.85 in damages from landlord for intentional misrepresentation and
