Cases: Fees as Damages

Deadlines, Fees As Damages: Former Counsel In Contempt Proceeding For A Prevailing Party Was Entitled To A Fee Award Under CCP § 1218

Cases: Deadlines, Cases: Fees as Damages

Fee Request Was Reduced, But Lower Court Found That Prevailing Party’s Subsequent Counsel’s Withdrawal Of A Prior Timely Fee Motion Allowed Former Counsel A Reason To Still Have It Heard In The Lower Court’s Discretion.                In Vista Land, LLC v. Robinson, Case No. B331975 (2d Dist., Div. 3 June 26, 2025) (unpublished), defendants were […]

Damages, Section 1717: In Malpractice Case For Missed Appeal, Borrowers Recovered Only A Portion Of Fees Paid To Trustee Because Trustee Was Entitled To Recovery Under § 1717 Such That The Additional Fees Were Not Chargeable Against Malpractice Defendant

Cases: Fees as Damages, Cases: Section 1717

Case-Within-Case Malpractice Principles Drove The Result.             As our last post for 2021, we discuss fee recovery as damages in an interesting legal malpractice case, Thompson v. Flynn Riley Bailey & Pasek, LLP, Case No. A161238 (1st Dist., Div. 4 Dec. 30, 2021) (unpublished).             What happened in this one was that borrowers received some

Fees As Damages: Denial Of Defendant’s Cross-Complaint Claim For Attorney’s Fees As Damages, Based On Trial Court’s Belief That It Was Constrained Under Copenbarger From Exercising Its Discretion, Reversed And Remanded For Retrial

Cases: Fees as Damages

The Trial Court Misunderstood The Scope Of Its Own Discretion Where It Was In The Middle Of An Active Trial And Could Have Ordered Unredacted Copies Of The Attorney’s Bills To Be Provided And Allowed Time For Opposing Parties To Depose Attorney.             When the owner of an apartment building was sued for breach of

Fees as Damages: Trial Court Erred In Granting Motion In Limine And Denying Motion To Amend To Allow Plaintiff To Pursue Attorney’s Fees As Damages In Residential Rescissionary Case

Cases: Fees as Damages

First District Suggests That Nonstatutory Motions For Judgment On The Pleadings Might No Longer Be Viable And Cautions Against Use Of Motions In Limines As Substitutes For Statutorily Authorized Dispositive Motions.             Plaintiff in Tung v. Chicago Title Co., Case No. A151526 (1st Dist., Div. 3 Apr. 28, 2021) (published) sought attorney’s fees as damages

Damages: Although Attorney’s Fees Are Not Generally Awardable As Damages In Personal Injury Or Normal Contract Cases, Failure To Object To Fee Testimony And Ask For CACI NO. 3964 Instruction Did Not Prevent Jurors From Awarding Fees In Contract Action

Cases: Fees as Damages

2/6 DCA Has A Good Discussion Of How Defense Should Proactively Prevent Fees From Being Awarded As Part Of A Routine Contract Breach Case Where Fees Should Be Considered As Post-Judgment Costs By The Trial Judge.             Norholm v. Cirovic, Case No. B308563 (2d Dist., Div. 6 Apr. 22, 2021) (unpublished) is an interesting case

Fees as Damages: Attorneys Asserting Claim For A Client In Order To Collect Some Of Their Attorney’s Fees Does Not Constitute Improper Purpose To Sustain A Malicious Prosecution Claim

Cases: Fees as Damages

Kentucky Supreme Court So Holds In July 2020 Published Opinion.             Malicious prosecution, in California and most jurisdictions, has an improper purpose element with respect to filing or prosecuting a claim—with Kentucky labeling malicious prosecution as a wrongful use of civil proceedings claim.  The Kentucky Supreme Court, in Seiller Waterman, LLC, et al. v. RLB

Costs, Fees as Damages: $298,843 Attorney’s Fees Recovery To Prevailing Cross-Defendant Subcontractor In Personal Injury Case Affirmed On Appeal

Cases: Costs, Cases: Fees as Damages

Attorney’s Fees Could Be Claimed As Costs Based On Contractual Fees Clause, Not Having To Be Plead As Damages And Not Subject To Any Reduction Because Insurance Carrier Covered Fees For Cross-Defendant.             In Strouse v. Webcor Construction, L.P., Case No. A148863 (1st Dist., Div. 3 March 27, 2019) (unpublished), plaintiff, employee of subcontractor ACCO,

Fees as Damages, Landlord/Tenant, Poof!: After Punitive Damages Reduction Of Almost $56 Million, Plaintiffs Walk Away With Judgment Of More Than $5 Million, But Watch It All Go POOF! On Appeal

Cases: Fees as Damages, Cases: Landlord/Tenant, Cases: POOF!

No Segregation Between Properly And Erroneously Awarded Amounts Meant Plaintiffs Lost The Full Amounts Of Their Awards For Compensatory Damages Of $1,289,000, Punitive Damages Of $1,289,000, Attorney Fees Of $2,385,773.70 and Costs Of $56,417.72         In Bevis v. Terrace View Partners, LP, Case No. D071849, (4th Dist., Div. 1 February 28, 2019) (unpublished), sixty-nine current

Fees as Damages: Copenbarger Opinion Now Published—Deals With Attorney’s Fees As Damages And How To Properly Authenticate Them At Trial

Cases: Fees as Damages, Cases: Substantiation of Reasonableness of Fees

October 19, 2018 Unpublished Decision Now Published.             On October 20, 2018, we posted on the then unpublished decision in Copenbarger v. Morris Cerullo World Evangelism, Inc., which was authored by Justice Fybel of the 4/3 DCA. It dealt with whether breach of a settlement agreement fees were recoverable as damages versus costs (they were

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