Cases: Nonsignatories

Nonsignatories: LLC Members Receiving Distributions In De Facto Dissolution Liable For Fee Exposure To Prevailing Party In LLC Dispute Where Fee Clause Existed Between LLC And Plaintiff Listing Broker

Cases: Nonsignatories

  Former Corporations Code Section 17355(a)(1)(B) Allows For Fee Entitlement In Litigation, But Not Fees Incurred In Arbitration.      In CB Richard Ellis, Inc. v. Terra Nostra Consultants, Case No. G049803 (4th Dist., Div. 3 Oct. 7, 2014) (partially published; fee discussion published), plaintiff listing broker sued to recover a commission in an arbitration between […]

Estoppel/Section 1717: Nonsignatories To Operating Agreement Not Entitled To Fee Recovery

Cases: Estoppel, Cases: Nonsignatories, Cases: Section 1717

  Recovery on Fiduciary Duty Aiding/Abetting Count Not Justify Fees, Even Though Plaintiff Recovered $7.1 Million Jury Verdict.      Plaintiff recovering a $7.1 million jury verdict on a fiduciary duty aiding/abetting count was not happy when a fees motion was denied. Plaintiff appealed from the fee denial in American Master Lease LLC v. Idanta Partners

Fee Clause Interpretation/Section 1717/Nonsignatories: Individual Non-Signatory Plaintiff Hit With Fee Exposure Based On Breadth Of Fee Clause

Cases: Fee Clause Interpretation, Cases: Nonsignatories, Cases: Section 1717

    $370,850 Fee Award Affirmed On Appeal.        In Bribiesca v. Pacific Perfusion, Inc., Case No. D063256 (4th Dist., Div. 1 Sept. 17, 2014) (unpublished), a losing individual plaintiff appealed a contractual fees award of $370,850 in favor of the defense. Plaintiff’s appeal did not succeed in reducing the award.      The first

Appealability/Section 1717: Nonsignatories Standing In Shoes Of Contractual Party Faced Fee Exposure Under Credit Application Fee Clauses

Cases: Appealability, Cases: Nonsignatories, Cases: Section 1717

  Appellate Fees After Prior Reversal Properly Appealable Under Collateral Order Doctrine.      Defendants appealed from an assessment of $47,852.77 in appellate fees resulting from a prior appeal (involving a reversal) in Apex LLC v. Korusfood.com, Case No. G047737 (4th Dist., Div. 3 Dec. 23, 2013) (unpublished), where the appellate fees were awarded on remand.

Fee Clause Interpretation/Section 1717: Nonsignatory Successor Correctly Exposed To Fee Exposure Where Complaint And Cross-Complaint Sought Interpretation Of Settlement Agreement With A Fees Clause

Cases: Fee Clause Interpretation, Cases: Nonsignatories, Cases: Section 1717

  Primary Right Showed Contractual Dispute Involved.      In CT Glendale, LLC v. Liu, Case No. B241445 (2d Dist., Div. 2 July 17, 2013) (unpublished), plaintiff obtained $37,612 in Civil Code section 1717 contractual fees in a litigation dispute interpreting which party owned cabinetry under a settlement agreement also containing a fees clause. Plaintiff won

Section 1717: $23,323.83 Fee Award Remanded For Recalculation Because Contract Claim Did Give Rise To Recovery, But Tort Claims Did Not

Cases: Nonsignatories, Cases: Section 1717

  Re-Do Is Result in this One.      Defendants prevailed in a mixed contract/tort cause of action, awarded $23,323.83 in attorney’s fees by the trial court in Choi v. Behrman, Case No. B239288 (2d Dist., Div. 7 Nov. 20, 2012) (unpublished). On appeal, the reviewing court determined the matter had to go back for a

Section 1717: Fee Award To Contract Nonsignatory Reversed Because Nonsignatory Cannot Recover Fees On Noncontract Claims

Cases: Landlord/Tenant, Cases: Nonsignatories, Cases: Section 1717

  $49,500 Fee Award Reversed.      Tenant must have felt pretty good after winning $49,500 in attorney’s fees under Civil Code section 1717 after Landlords voluntarily dismissed with prejudice a mixed contract/tort case after Tenant filed a summary judgment claiming that he was not a party to a leasing agreement and that his signature was

Scroll to Top