Cases: Nonsignatories

Nonsignatories: Prevailing Plaintiff Establishing Defendants Are Not Parties To License Agreement With Fee Provision Is Not Entitled To Fees Under Section 1717

Cases: Nonsignatories

When It Comes To Collecting Fees Under Civil Code Section 1717, A Prevailing Plaintiff Who Sues On A Contract Is Not The Same As A Prevailing Plaintiff Who Shows A Contract Does Not Exist.      Glovia International, Inc. v. Actuant Corporation, et al., B267175 (2/5 12/22/16) (Kumar, Turner, Kriegler) (unpublished) reinforces a theme oft

Fee Clause Interpretation: Narrow Contractual Fees Clause Did Not Cover Tort And Subrogation Claims, Which Did Not Arise Under Contract With Fees Clause

Cases: Fee Clause Interpretation, Cases: Nonsignatories

  Negligence And Subrogation Claims Did Not Give Prevailing Cross-Defendant Bank Entitlement To Fee Recovery.     Under our category “Fee Clause Interpretation,” we have surveyed many decisions which really demonstrate that the wording of a fees clause actually determines if fee recovery is possible for tort clams or possible against losing contractual non-signatories.  The Fifth

Arbitration/Fee Clause Interpretation: Defendant Nonsignatories Prevailing In Arbitration, Which Arbitration Award Was Reversed In Earlier Appeal, Also Not Entitled To Attorney’s Fees Award

Cases: Arbitration, Cases: Fee Clause Interpretation, Cases: Nonsignatories

  Reason Is That They Were Not Parties To The Purchase Agreement With A Fees Clause.     Defendants must have been very disappointed, after winning an arbitration award which was confirmed as a judgment and after winning attorney’s fees of $13,465 based on a fees clause in a purchase agreement involved in the arbitration, when

Section 1717, Non-signatories, Special Fee Shifting Statutes: Nonsignatory Defendant Entitled To Fee Recovery Based On Statute Which Would Have Made Him Personally Liable For Signatory’s Obligations

Cases: Nonsignatories, Cases: Section 1717, Cases: Special Fee Shifting Statutes

  Impact of Perishable Agricultural Commodities Act Liability Considered By Appellate Panel.        Plaintiff (produce seller) sued a restaurant (Jack’s La Jolla) and its controlling officer Berkley to recover monies owed for the produce, claiming that Berkley had signed a guaranty and Berkley was subject to personal liability for restaurant’s contractual obligations (under an

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

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