Cases: Indemnity

Indemnity, Substantiation Of Reasonableness Of Fees: Trial Court’s Complete Denial Of Attorney Fees And Costs To Contractor Prevailing On Contractual Indemnity Claims Affirmed On Appeal

Cases: Indemnity, Cases: Substantiation of Reasonableness of Fees

Contractor Failed To Support Its Roughly $570,000 Fees/Costs Request With Underlying Documentation And Testimony, And Made No Attempt To Allocate Fees Between Compensable And Noncompensable Claims.             In Paul Ryan Associates v. Catlin Specialty Ins., Case No. A156755 (1st Dist., Div. 5 May 21, 2021) (unpublished), contractor prevailing on summary judgment, against contractual indemnity […]

Allocation, Indemnity, Section 1717, Seriously: 4/1 DCA Affirms $6,000 Damages Award And $143,183.55 Out Of Requested $572,730.11 § 1717 Fees To Prevailing Breach Of Contract Plaintiff Who Proved $1,463,745 In Damages At Trial

Cases: Allocation, Cases: Indemnity, Cases: Section 1717, Seriously

Plaintiff’s Failure To Conduct Due Diligence Prior To Entering Into Commercial Lease And Failure To Mitigate Damages Once Problems Arose Left Him Upside-Down By More Than A Million Dollars When All Was Said And Done             Sherwood v. Vogele, Case No. D076776 (4th Dist., Div. 1 May 7, 2021) (unpublished) highlights the importance of

Indemnity, Special Fee Shifting Provision: Indemnity Agreement In Annexation Application Did Not Justify Attorney’s Fees Award In Favor Of Local Agency Formation Commissions And Against City/Developer

Cases: Indemnity, Cases: Special Fee Shifting Statutes

Government Code Sections 56383 And 66016 Dictated The Result.             San Luis Obispo Local Agency Formation Commission v. City of Pismo Beach, Case No. B296968 (2d Dist., Div. 6 Mar. 3, 2021) (published) is an indemnity agreement fee clause dispute between a local agency formation commission and a city/developer as to the responsibility for fees

Indemnity: Related Indemnity Action Fees May Justify Fee Recovery

Cases: Indemnity

Indemnity Defensive Actions Can Justify A Fee Award.             In ReadyLink, Inc. v. Integrated Healthcare Holdings, Inc., Case No. G057280 et al. (4th Dist., Div. 3 Feb. 11, 2021) (unpublished), our local Santa Ana Court—in a 3-0 opinion authored by Acting Presiding Justice Moore—reminded us that substantial attorney’s fees ($1.2 million in the particular matter)

Indemnity: $21,012 Fee/Costs Award Under CCP § 1038 Sustained On Appeal After 631.8 Motion Granted In Indemnity Action

Cases: Indemnity

Vindictive Purpose Of The Action Shown Through Emails.             Code of Civil Procedure section 1038 provides that, where a trial court grants a defense motion for directed verdict, motion for judgment, or nonsuit in an action for indemnity and contribution, the trial court, on motion, may award attorney’s fees if the action was not brought

Indemnity: When Judgment In Favor Of Cross-Defendant Defending Against Indemnity Claim Is Reversed On Appeal, So Too Is The $756,121.24 Awarded In Attorneys’ Fees And Costs

Cases: Indemnity

The Trial Court Erred In Concluding That Duty To Indemnify Was Not Triggered By The Filing Of Underlying Lawsuit Wherein Plaintiff Did Not Expressly Allege Negligence By Cross-Defendant.             In Sierra Pacific Properties, Inc. v. Otis Elevator Co., Case No. A154578 (1st Dist., Div. 5 January 27, 2020) (unpublished) a commercial office building employee

Fee Clause Interpretation, Indemnity: Prevailing Cross-Complainant Entitled To $87,024.91 In Attorney’s Fees And Costs From Cross-Defendant In Customer Suit Defense Costs

Cases: Fee Clause Interpretation, Cases: Indemnity

Terms Of The Indemnity Did For Recovery Of Fees And Costs From Cross-Defendant.             The 2/8 DCA, in ZIM American Integrated Shipping Services, Co. v. GES Logistics, Inc., Case No. B292259 (2d Dist., Div. 8 Dec. 11, 2019) (unpublished), had no trouble interpreting the contractual interpretation reached by a trial judge below.  What happened is

Indemnity, Paralegals, Reasonableness Of Fees: Famed Volleyball Player Kerri Walsh Jennings Properly Awarded Attorney’s Fees Of $92,726 For Contract Breach Claim Of $150,000

Cases: Indemnity, Cases: Paralegal Time, Cases: Reasonableness of Fees

Indemnification Clause Was Not A Third-Party Clause, So Fees Were Proper; $790-$850 Hourly Rate For 43-44 Year Los Angeles Litigator, $360-$395 For 4-5 Year Associate, And $290 For Paralegals Found To Be Reasonable By The Trial Judge And Appellate Court.             Just to show you how fee recovery can frequently come close to the underlying

Arbitration, Fee Clause Interpretation, Indemnity: Narrow Fee Clause, Allowing Recovery In Arbitration Only, Did Not Confer Fee Recovery For Fees Relating To Litigation

Cases: Arbitration, Cases: Fee Clause Interpretation, Cases: Indemnity

Indemnity Clause Gave No Basis For Fee Recovery, Because It Was Unilateral In Favor Of Unsuccessful Party, Not Allowing For Fee Entitlement–$628,587.50 In Fees Went Away!             In Club Acacia Community Assn. v. Professional Community Management of California, Inc., Case No. G056313 (4th Dist., Div. 3 July 11, 2019) (unpublished), a long-time dispute between an

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