Cases: Prevailing Party

Allocation, Landlord/Tenant, Prevailing Party, Reasonableness Of Fees: Prevailing Tenant Was Entitled To Prevailing Party Fees Under Oakland’s Tenant Protection Ordinance Fee-Shifting Provision As Against Defendant Landlord

Cases: Allocation, Cases: Landlord/Tenant, Cases: Prevailing Party, Cases: Reasonableness of Fees

However, Prevailing Party Properly Awarded Apportioned Fees Of $49,875 Rather Than Requested $318,214 In Fees Against Defendant Landlord; Prevailing Defendant Property Manager Improperly Granted Routine Costs Because Motion Did Not Mention That Defendant And Nothing Showed The Costs Were Incurred.             In Goins v. Williams, Case Nos. A152828/A153632 (1st Dist., Div. 3 Apr. 14, 2020) […]

Celebrities, Prevailing Party, Special Fee Shifting Statute: Nevada Supreme Court Adopts “Catalyst Theory” For Purposes Of Awarding Attorney’s Fees And Costs Under The Nevada Public Records Act

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

Public Records Request Related To Las Vegas Murder Of American Rap Artist Tupac Shakur; California, Too, Has Adopted This Theory Under The California Public Records Act.             In Las Vegas Metropolitan Police Dept. v. The Center for Investigative Reporting, Inc., No. 77617, 136 Nev. Advance Opinion 15 (Nev. Sup. Ct. Apr. 2, 2020), the Nevada

Allocation, Prevailing Party: Fee Award For All Incurred Fees To Prevailing Plaintiff Who Amended Complaint To Add Cause Of Action Providing Statutory Basis For Fee Recovery Just Before Trial Affirmed On Appeal

Cases: Allocation, Cases: Prevailing Party

All Causes Of Action Related To The Same Common Issue And Were So Intertwined That Apportionment Was Impracticable.             For an interesting discussion of The Independent Wholesale Sales Representatives Contractual Relations Act of 1990 (Civ. Code section 1738.11 et seq.), Newman v. Knit Creations, Inc., Case No. B292659 (2d Dist., Div. 1 March 30,

Partition, Prevailing Party, Section 1717: Denial Of Section 1717 Attorneys’ Fees To Partially Successful Defendant In Partition Action Affirmed

Cases: Partition, Cases: Prevailing Party, Cases: Section 1717

Defendant Moved Under Civil Code Section 1717 Claiming Entitlement To Fees Pursuant To A Settlement Agreement She Unsuccessfully Sought To Enforce.             In Carmody v. Mayne, Case No. D076197 (4th Dist., Div. 1 March 30, 2020) (unpublished) Plaintiff and Defendant entered into an oral agreement to jointly purchase a single family home as an

Fee Clause Interpretation, Prevailing Party, Section 1717: Defendant Successfully Challenging Plaintiff’s Trial Court Fee Request, Where Plaintiff Declared Prevailing Party Under Contract, Was Not Entitled To Attorney’s Fees As The Prevailing Party

Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Section 1717

Defendant’s Limited Appellate Court Win Before Did Not Mean He Prevailed—There Can Only Be One!             Defendant lost an arbitration to plaintiffs who were declared prevailing parties under a contract by the arbitrator.  Plaintiffs moved for recovery of contractual attorney’s fees under Civil Code section 1717, a request granted by the trial court but then

Costs, Prevailing Party, Section 998, Section 1717: Trial Court Order Denying All Attorney’s Fees And Costs To Defendants Reversed On Appeal

Cases: Costs, Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998

Defendants Will Be Entitled To Substantial Fees/Costs On Remand, Not To Mention An Attempt To Garner Even More Fees.             This next case is a very substantial reverse of fortune on appeal.  So, that takes us to posting on Abregov v. Lawrence, Case No. G056866 (Abregov II) (4th Dist., Div. 3 Mar. 19, 2020) (unpublished).

Equity, Prevailing Party: $2.41 Million Trial Court Fee Award Affirmed But $125,473.60 Appellate Fee Award Reversed

Cases: Equity, Cases: Prevailing Party

Trial Court Fee Withstood Because Good Faith Settlement With One Defendant Did Not Offset Jury Award Against Another Defendant.             In Campos v. Kennedy, Case No. B293745 (2d Dist., Div. 2 Mar. 17, 2020) (unpublished), a sexual assault case with very bad facts, the appellate court considered a $2.41 million fees award to the prevailing

Costs, Employment, Prevailing Party: $3,881.39 In Routine Costs, Out Of A Requested $38,813.96, To A Prevailing Wage Claim Plaintiff Was No Abuse Of Discretion

Cases: Costs, Cases: Employment, Cases: Prevailing Party

Reason Was That Plaintiff Only Had Limited Success, So No Abuse Of Discretion In The Reduction By The Lower Court.             So, a plaintiff prevails on a wage/hour claim for unpaid wages under Labor Code section 218.5, but only gets a minimal award which was limited success when other claims are considered?  Does that plaintiff

Prevailing Party, Private Attorney General: Private Attorney General Fee Denial Affirmed Based On Litigant’s Failure To File Appellate Opening Brief And Small Fees Award Against Governmental Entity Reversed As A Matter Of Law

Cases: Prevailing Party, Cases: Private Attorney General (CCP 1021.5)

Plaintiff Did Not Prevail Against Governmental Entity So That $7,500 Government Code Section 800 Award Went POOF! On Appeal.             Ya know, appellate proceedings can really change results at the trial court level at different junctures of a case.  1041 20th Street, LLC v. Santa Monica Rent Control Bd., Case No. B295812 (2d Dist., Div.

Arbitration, Prevailing Party, Section 1717: Trial Court Properly Found That Respondent Did Not Prevail For Fee Recovery Even Though She Did Obtain A Ruling Denying A Petition To Confirm The Arbitration Award And Did Obtain A Vacatur Ruling

Cases: Arbitration, Cases: Prevailing Party, Cases: Section 1717

The Lower Court’s Discretionary Determination That No One Prevailed Was Affirmed On Appeal.             In Goraya v. Stephens, Case No. F078335 (5th Dist. Jan. 3, 2020) (unpublished), property seller and property buyer submitted to arbitration and settled, with the listing agent joined as a party in the arbitration at his own request, eventually obtaining an

Scroll to Top