Cases: Prevailing Party

Deed Of Trust, POOF!, Prevailing Party, Section 1717: $427,951.93 Fee Award Based On Deed Of Trust Fee Provision Went POOF! Because Nonjudicial Foreclosure Purchaser Relied On Trustee’s Deed Upon Sale Having No Fees Clause

Cases: Deeds of Trust, Cases: Prevailing Party, Cases: Section 1717

Purchaser’s Action Against Tax Authorities Did Not Really Focus On Deed Of Trust With Fees Clause.             CP III Rincon Towers, Inc. v. Assessment Appeals Bd. of the City and County of San Francisco (Rincon EF Realty LLC), Case No. A155714 (1st Dist., Div. 4 Dec. 17, 2019) (unpublished) shows that Civil Code section 1717”s […]

Prevailing Party, Special Fee Shifting Statutes: Misinterpretation Of Civil Code § 8460 Cost Pro Per Plaintiff His Mechanics’ Lien Claim And An Award Of Attorney Fees To Prevailing Defendant

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Pro Per Plaintiff Timely Filed Action After Recording Mechanics’ Lien, But Sought To Recover Compensation Owed For His Work Rather Than The Sale Of The Property Subject To The Lien And Application Of The Sale Proceeds To Pay The Amount Secured By The Lien.             In Settimi v. Hart, Case No. F079181 (5th Dist.,

Consumer Statutes, Prevailing Party: Abuse Of Discretion Where Trial Court Limited Attorney Fees Award Without Regard To Actual Time Expended By Plaintiffs’ Counsel In Successfully Initiating And Prosecuting Case Under The Song-Beverly Act

Cases: Consumer Statutes, Cases: Prevailing Party

Trial Court Erroneously Used Plaintiffs’ Separate Net Monetary Recovery As Basis For Determining Prevailing Party Rather Than Plaintiffs’ Success In Meeting Litigation Objectives.            Patel v. Mercedes-Benz USA, Case No. B293813 (2d Dist., Div. 4 December 17, 2019) (unpublished), includes a nice discussion on prevailing parties under the Song-Beverly Act.             Here,

Prevailing Party, Probate: Appellate Court’s Reversal Of A Probate Court Asset Characterization Required A Reexamination Of Whether Trustee’s Attorney’s Fees Were Proper Because She Was Really The Prevailing Party

Cases: Prevailing Party, Cases: Probate

A Re-Do Was Ordered To Be Done By The Trial Judge In The First Instance.             In Placencia v. Strazicich, Case No. G055631 (4th Dist., Div. 3 Nov. 26, 2019) (published), our local Santa Ana appellate court reversed a trial judge’s characterization of bank account funds which had led the lower court to award attorney’s

Prevailing Party, Section 1717: Losing Plaintiffs’ Strained Interpretation of Prevailing Party Language In Fees Clause Did Not Disturb Trial Judge’s Award Of Fees And Costs To Prevailing Defendants

Cases: Prevailing Party, Cases: Section 1717

$40,202 Was The Fees/Costs Award In Easement Dispute, Reduced From The Requested $79,675 In Fees.             Defendants/cross-complainants in an easement dispute won on every issue except for cross-complainants” claim that plaintiffs owed them money for utilities, garnering $1,350 for damages for injury to their livestock.  Even though there was no unqualified winner, the trial court

Appealability, Homeowner Associations, Prevailing Party, Special Fee Shifting Statutes: Second District Affirms $67,458.07 Attorneys’ Fees Awarded To Prevailing Defendant On Remand

Cases: Appealability, Cases: Homeowner Associations, Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Gravamen of Plaintiffs’ Action Was Based On Governing CC&Rs Which Made Defendant Prevailing Party For Attorneys’ Fees Purposes When She Defeated The Action Through Demurrers And Plaintiffs’ Voluntary Dismissal.             We first discussed our next case – Durack v. Wang, Case No. B293597 (2d Dist., Div. 7 November 18, 2019) (unpublished) – in a

Allocation, Prevailing Party, Substantiation Of Reasonableness Of Fees: Prevailing Plaintiff Under Civil Code § 3344 Properly Awarded $137,595.20 In Attorneys’ Fees And $9,523.55 In Costs While Prevailing Defendant Under § 3344 Properly Denied Fees

Cases: Allocation, Cases: Prevailing Party, Cases: Substantiation of Reasonableness of Fees

Plaintiff – Although Seeking Six-Figures In Damages – Had Achieved His Litigation Purposes Through Damages Verdict of $10,000, But Dismissed Defendant Failed To Meet His Burden As To The Reasonableness Of His Fees Request.             In Dice v. X17, Inc., Case No. B2282448 (2d Dist., Div. 3 September 27, 2019) (unpublished), a celebrity news

Prevailing Party: Fourth District Affirms $5,000 Attorneys’ Fees Award To Prevailing Defendant Despite Request Erroneously Made Under The Wrong Statute

Cases: Prevailing Party

The Correct Statute Allowed For Fees And There Was No Prejudice To Plaintiff.         In Jabbar v. Loy, Case No. D075200 (4th Dist., Div. 1 November 8, 2019) (unpublished), plaintiff sought an elder abuse restraining order against defendant pursuant to Welf. & Inst. Code § 15657.03.  The following month, the trial court granted plaintiff’s request

Construction, Prevailing Party: General Contractor Plaintiff Prevailing In Litigation Matter Against Subcontractor Through A Summary Judgment Motion Entitled To Contractual Fees

Cases: Construction, Cases: Prevailing Party

General Contractor Won A Positive Recovery By Keeping A $125,000 Properly Withheld Retention As Against The Sub.             Justice Wiley of the 2/8 DCA is showing a lot of writing panache in recent opinions, with the one we now post on involving a contractual attorney’s fees issue.             In Regency Midland Construction, Inc. v. Legendary

Judgment Enforcement, Prevailing Party: Trial Court Properly Denied Plaintiff’s Motion For Attorney Fees In An Action Brought Under The Uniform Foreign-Country Money Judgments Recognition Act

Cases: Judgment Enforcement, Cases: Prevailing Party

The Foreign Judgment Was Never Recognized In The California Court Given The Parties Entered Into A Settlement Agreement Prior To A Determination On The Request For Recognition.             The Uniform Foreign-Country Money Judgments Recognition Act (Code Civ. Proc., § 1713 et seq.) (UFCMJRA) allows California courts to recognize and enforce judgments entered by courts

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