Minor Reversal And Remand Did Not Disturb Prior Fee Result. We have to say that we love the language of Justice Bedsworth from our local 4/3 DCA, especially in this case which has gone up and down in the trial and appellate courts, namely, Voit v. Malliet, Case Nos. G058435 et al. (4th Dist.,
Fact That Plaintiffs Obtained Preliminary Injunction Relief Was Only Interim, Not Determining Which Parties Ultimately Prevailed. Hamilton v. Van Wert, Case No. F078345 (5th Dist. May 6, 2021) (unpublished) reminds us all that a Civil Code section fee victor and routine costs victor awaits what ultimately happens at the judgment stage, not interim provision
No Clear Winner And Mixed Results Sealed That Conclusion, With A Mechanical, Arithmetic Approach Not Being The Dispositive Calculus. Residential owners, contractor, and subcontractors got into a brouhaha about the construction on a residential house, resulting in residential owners winning $160,000 on a contractual delay claim, contractor winning $535,000 on a contractual cross-claim for
Original Judgment Creditor Had Satisfied Mediation Requirement In The Parties’ Fees Provision, And Defendants Failed To Raise Their Challenges To Specific Billing Entries Before The Trial Court Despite A Continuance To Allow Them To Do So. Plaintiff buyer entered into a Purchase Agreement with defendant sellers for the purchase of sellers’ home. The
The Parties’ Note Contained An Attorney Fees Provision, But Their Arbitration Agreement Did Not, And A Motion To Vacate An Arbitration Award Is Not An Action On A Note. In Bilodeau v. Modern Mobile Homes, Case No. B302791 (2d Dist., Div. 6 March 29, 2021) (unpublished), plaintiff buyers entered into an agreement for
It Is Well Within The Trial Court’s Discretion To Make A Determination That Neither Party Prevailed Sufficiently To Justify An Award Of Attorney Fees. In Ayala Boring v. HPS Mechanical, Case No. D076054 (4th Dist., Div. 1 March 19, 2021) (unpublished) – which resulted in two separate appeals – contractor defendant entered into a
Appellant’s Construction Would Thwart Settlement Efforts. Appellant in Wash v. Wash, Case No. F077486 (5th Dist. Mar. 11, 2021) (unpublished) earlier appealed an order enforcing a settlement agreement with a contractual fees clause, an appeal that he lost. Respondent requested appellate fees of $18,216.98, with the trial judge awarding $9,321 against appellant. Although the fee
The Title Issue That Started It All Was Partly Corrected And Seller Resumed Payments Years Before, But The Parties Battled On All The Way To Trial – Incurring A Combined Total Of $202,299.50 In Fees, Plus Costs. In our Mission Statement, we quote a statement made by Retired Justice Wallin in Deane Gardenhome
Employee Did Prevail On Employer’s Contract Claims, But Lower Court’s Reduced Fee Award For Prevailing On Labor Code Claims Was No Abuse Of Discretion—Given Attorney Intervenors Did Timely Appeal And Contest Merits Based On Their Attorney’s Lien Interest In Fees/Costs Awards. This next case, Premier Mechanical Group, Inc. v. Harvey (Edwards), Case No. D075663
No Authority Provided To Show A Litigant Prevailed On Opposing A Fee Motion Where That Litigant Did Not Prevail On The Merits. Allen v. MacIntosh, Case No. E073408 (4th Dist., Div. 2 Jan. 13, 2021) (unpublished) involved a trespass dispute on land which had a portion dedicated for use as a pet cemetery. In
