Cases: Prevailing Party

Prevailing Party: Plaintiff Settling For $150,000 In FEHA/Residential Inhabitability Case For Costs Of Defense To Try The Matter, Was Properly Denied Attorney’s Fees

Cases: Prevailing Party

Plaintiff’s Request For $819,171.75 In Fees Was Inflated, With $150,000 Settlement Amount Being Much Lower Than The Damages Being Sought, Forget Demands In Mediation.             With 2020 drawing to a close, we can say there have been a surge in decisions on who is a prevailing party under Civil Code section 1717 where the results […]

Prevailing Party: Determination That No Side Prevailed Under Contentious Parking Easement Dispute Was Affirmed On Appeal

Cases: Prevailing Party

Where One Side Wanted Exclusive Parking Easement And Other Side Wanted Termination Of Easement/Tort Damages, Trial Court’s Decision To Share Parking Was A True “Lose-Lose” Case For Everyone.             One of our leading cases, Hsu v. Abbara, 9 Cal.4th 863 (1995), is must reading and the blueprint for the decision to affirm a trial court’s

Landlord/Tenant, Prevailing Party, Section 1717: Reversal Of $172,375 In Attorney Fees Awarded To Defendant Based On Trial Court’s Abuse Of Discretion In Finding Defendant Was The Prevailing Party

Cases: Landlord/Tenant, Cases: Prevailing Party, Cases: Section 1717

Pursuant To Section 1717, Defendant Was Not The Prevailing Party As It Lost The Sole Cause Of Action In The Case – With The Jury Awarding $45,050 In Damages To Plaintiff For Defendant’s Breach Of The Written Lease Contract.             Waterwood Enterprises, LLC v. City of Long Beach, Case No. B296830 (2d Dist., Div. 1

Prevailing Party, Receivers, Special Fee Shifting Statutes: $60,798.94 Awarded To Prevailing City In Abatement Nuisance Action Affirmed On Appeal

Cases: Prevailing Party, Cases: Receivers, Cases: Special Fee Shifting Statutes

City’s Arrangement With Outside Counsel Did Not Violate Defendant Property Owner’s Due Process Rights, Fee Award Was Not Meant To Penalize Defendant For Defending Property Rights, And Trial Court Properly Determined City The Prevailing Party Under Catalyst Theory.             Plaintiff City and defendant property owner had a long history of conflict regarding substandard conditions on

Prevailing Party, Section 1717: 2/5 DCA Affirms Trial Court’s Award Of $225,000 § 1717 Prevailing Party Attorney Fees Plus $55,000 In Appellate Attorney Fees To Defendant Succeeding On Equitable Causes Of Action

Cases: Prevailing Party, Cases: Section 1717

Although Plaintiff Prevailed On The Unlawful Detainer Claim, Defendant Obtained Greater Relief, And The Parties’ Contract Fees Provision Encompassed Both Contract And Tort Causes Of Action.             We previously discussed a prior appeal from this next case, which stemmed from a landlord/tenant dispute over the use of six parking spaces, in our May 23,

Prevailing Party: Under Contractual Fees Clause, $145,116.38 In Attorney’s Fees and Costs Properly Awarded To Defendant/Defensive Cross-Complainant As Prevailing Party In Loan Dispute

Cases: Prevailing Party

Defendant Did Prevail—Defensed Complaint Entirely, Which Mooted Most Of His Cross-Complaint Claims Except For One Cross-Claim Resolved In Plaintiff’s Favor.             In Sandford v. Sandford, Case No. G057066 (4th Dist., Div. 3 Nov. 3, 2020) (unpublished), a family squabble, defendant/cross-complainant got the better of plaintiff/cross-defendant over a loan dispute, defensing plaintiff’s complaint in entirety, having

Prevailing Party, Reasonableness of Fees: No Abuse Of Discretion In Trial Court’s $287,256 Prevailing Party Fees Award On Action On Oral Agreements

Cases: Prevailing Party, Cases: Reasonableness of Fees

“Extraordinarily Broad Attorney Fees Agreement” Sealed The Deal.             In Walters v. Moore, Case No. G058689 (4th Dist., Div. 3 October 30, 2020) (unpublished), plaintiff and defendant formed an LLC with an Operating Agreement that provided for the recovery of all reasonable fees, costs and expenses incurred by the prevailing party “[i]n the event

Prevailing Party, SLAPP: Affirming Trial Court’s Granting Of Anti-SLAPP Motion With Modification To Separate Non-Protected Activities Within Cause Of Action Did Not Result In Reversal Of Fees/Costs Award

Cases: Prevailing Party, Cases: SLAPP

SLAPPing Defendants Were Still Prevailing Parties On The Protected Activity Allegations And, Therefore, Still Entitled To Attorney Fees And Costs.             In BLT Communications, LLC v. LaMarche, Case No. B302527 (2d Dist., Div. 1 October 30, 2020) (unpublished), former employer plaintiff sued two of its former employees asserting a number of allegations. Plaintiff’s 4th

Prevailing Party: Aljabban Decision Now Published

Cases: Prevailing Party

Case Dealt With Reversal Of Fee Award On Security Deposit Withholding, Requiring A Restudy Of An Older Fee Award.             On August 21, 2020, we posted on the decision of Aljabban v. Fontana Indoor Swap Meet, Inc., Case No. D076214 (4th Dist., Div. 2), which was unpublished at the time.  That case reversed a $121,043

Consumer Statutes, Prevailing Party: Attorney Fees Of $144,200 Plus Costs Of $5,969.15 Awarded Under Section 1794 To Song-Beverly Plaintiff Affirmed On Appeal Despite Lack of Prevailing Party Ruling

Cases: Consumer Statutes, Cases: Prevailing Party

The Trial Court Made An Implied Finding, Which Was Supported By Substantial Evidence, That Plaintiff Obtained His Litigation Objective And Was The Prevailing Party.             Civ. Code § 1794(d) allows a prevailing buyer to recover reasonable attorney fees incurred in connection with the commencement and prosecution of an action under Civ. Code § 1790

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