In Mako Fund, Inc. v. Perrone, Case No. B238048 (2d Dist., Div. 1 Nov. 30, 2012) (unpublished), two litigants sued each other and one obtained a judgment for compensatory damages, punitive damages, costs of suit, and attorney’s fees. After winner found out that loser lacked assets to satisfy the judgment, it moved to
Lower Court Denial Based on Contrary Interpretation Reversed. The lower court in Dickerson Associates v. ShinYoung 3670, LLC, Case No. B232074 (2d Dist., Div. 2 Nov. 14, 2012) (unpublished) denied an attorney’s fees award to a prevailing party under a contractual fees clause allowing recovery for “legal expenses.” The trial judge apparently believed
“Touching Upon” Language Found Especially Persuasive. Case law under Civil Code section 1717 allows for recovery of fees on a contract claim, and is augment by cases applying Code of Civil Procedure section 1021 if the contractual fees clauses are broad enough to encompass tort claims. Bank, a prevailing cross-defendant below on certain
Party Getting Dismissed Arbitration Proceeding Entitled to Fees. Lakeside Club Villas, Inc. v. LB Property Mgt., Inc., Case No. B236001 (2d Dist., Div. 5 Oct. 16, 2012) (unpublished) is an interesting case showing how the breadth of a fees clause awarding fees/costs in an arbitration will garner a litigant a fee recovery, even
In Siciliano v. Singh, Case Nos. E052352/E053582 (4th Dist., Div. 2 Oct. 5, 2012) (unpublished), one attorney won quantum meruit fees based on a voided contingency fee agreement, with both client and attorney seeking recovery of attorney’s fees and costs (even though, ultimately, attorney did beat out–barely–a CCP § 998 offer once routine
Mossman v. Naranjo, Case No. D059054 (4th Dist., Div. 1 Sept. 18, 2012) (Unpublished)–CAR Form Real Estate Contract Covers Fees Won For Real Property Nondisclosure Claims. Plaintiffs/buyers won fraud-based claims for property nondisclosures from defendants/sellers, but defendants won the contract based claim. The lower court denied fees to both parties, finding no prevailing
Timeliness, Nonsignatory, Prevailing Party, and Reasonableness Arguments All Rejected on Appeal. Jones v. Ju, Case No. E053266 (4th Dist., Div. 2 Sept. 7, 2012) (unpublished) involved a real property successor owner who knew about a reciprocal easements agreement but forced one of the adjoining owners to get a declaratory relief judgment on its
Title company assigns its rights to collect attorney’s fees to two assignees based upon a provision indemnifying it as an escrow holder, inclusive of reasonable attorney’s fees and costs. The lower court denied the assignees’ fee request, determining that the facial language in the indemnification clause did not apply because a prior case
To the Victor, $233,33.75 in Fees, and Lender’s Appeal Did Not Upset Things. “To the victor belong the spoils.” Puck. 1914. Library of Congress. Lane v. U.S. Bank National Assn., Case Nos. A131087/A132432 (1st Dist., Div. 1 Aug. 28, 2012) (unpublished) is a good case for any practitioners needing a discussion of
Also, Sanctions Against Attorney Upheld Under CCP § 128.7, But Not SLAPP Statute. ASAP Copy and Print v. Ringgold, Case Nos. B224295/B225702 (2d Dist., Div. 7 June 4, 2012) (unpublished) was an incredible donnybrook over a fairly minor dispute involving a photocopier lease/maintenance agreement. The amount of time, trouble, and fees that is
