Cases: Prevailing Party

Prevailing Party: Settling Plaintiff Abandoning Some Claims, Suffering A Summary Adjudication, And Only Obtaining A Much Scaled-Back Settlement Payment On One Claim, Was Properly Found To Not Be A Prevailing Party For Fee Recovery Purposes

Cases: Prevailing Party

This Was A Discretionary Call, Which Was Affirmed; Appellate Court Refused To Find That Appellate Fees Were Appropriate Either, With An Interesting Discussion On Why Documents Were Improperly Sealed By Trial Court With Respect to Fee Proceedings.             Although a settling plaintiff was found not be to a prevailing party for fee recovery purposes, the […]

Prevailing Party: Defendant/Cross-Complainant Prevailing On Note W/Contractual Fees Clause Not Subject To Fee Exposure On Subsequent Appeals And Lis Pendens Expungement Proceeding, As Other Side Never Sought Specialized Fee Relief From Appellate Court

Cases: Prevailing Party

Prevailing Party Did Accept Satisfaction Of Judgment While Appeals Were Pending, With Court Of Appeal Concluding There Can Only Be One Prevailing Party; CCP § 128.5 Sanctions Also Inapt.             De la Carriere v. Greene, Case No. B285793 (2d Dist., Div. 8 Aug. 28, 2019) (published) is a good addition

Prevailing Party, Sanctions, Special Fee Shifting Statute: Motel Owner And City Properly Found To Not Have Prevailed For Purposes Of Substandard Building Fee-Shifting Statute

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

Also, Motel Owner Properly Hit With Opposition Fees For Denied CCP § 128.5 Motion.             In City of South Lake Tahoe v. Cobrae, Case No. C083568 (3d Dist. Aug. 5, 2019) (unpublished), City of South Lake Tahoe filed a petition seeking appointment of a receiver against a motel owner based on allegations that he had

Prevailing Party: Demurrer Sustained Without Leave Is Procedural Victory That Gives Rise To Civil Code Section 1717 Prevailing Party Fees

Cases: Prevailing Party

Appellate Court Modified Judgment Based On Small Costs Reduction By Lower Court In Order To Put The Case To Bed.             Plaintiff losing contractual breach claims after a demurrer was sustained without leave to amend was later hit with an adverse $19,745 fees award based on a contractual fees clause (full fee request) and routine

Prevailing Party: Defendants Winning Five-Year Mandatory Dismissal Were Prevailing Parties For Attorney’s Fee Recovery Request Based Upon Lease Fees Clause

Cases: Prevailing Party

Lower Court Erroneously Allowed Plaintiff To Voluntarily Dismiss Without Prejudice.             In Cole v. Hammond, Case No. B292331 (2d Dist., Div. 4 July 24, 2019) (partially published), a trial court denied a defense motion to dismiss the case with prejudice because it had not been tried within five years and granted plaintiff’s motion to voluntarily

Prevailing Party, Section 1717: Only One True Prevailing Party Can Exist Under Civil Code Section 1717

Cases: Prevailing Party, Cases: Section 1717

One Litigant Cannot Partially Prevail At Trial, And Another On Appeal, For Purposes Of Ultimate Prevailing Party Determination Under Section 1717.             The Sixth District in Gambord v. Galli Produce Co., Case No. H043872 (6th Dist. June 28, 2019) (unpublished) faced an interesting issue based on a contractual fees clause under Civil Code section 1717: 

Prevailing Party: Trial Court’s “Prevailing Party” Fee Determination Before Final Resolution Was Reversed And Remanded

Cases: Prevailing Party

$108,935.37 Net Recovery Went POOF!; However, Result May Be Academic Because Fee Motion Can Be Renewed Following Entry Of A Final Judgment.             Prematurity of a “prevailing party” determination for fees and/or costs is a good ground to deny a litigant’s motion for the same, but it may just postpone some award in that litigant’s

Prevailing Party: Defendant Tenant Vacating Space And Beating Landlord’s Damages Claim Was Prevailing Party Entitled To Contractual Fees Award

Cases: Prevailing Party

$182,000 Fee Award To Defendant Affirmed On Appeal.             In Newport Harbor Offices & Marina, LLC v. High Seas Yacht Charters, LLC, Case Nos. G054706/G054877 (4th Dist., Div. 3 June 24, 2019) (unpublished), plaintiff landlord and defendant tenant got involved in a major tussle over office space and bloat slips leased to tenant defendant.  Landlord

Fee Clause Interpretation, Prevailing Party, Section 998, Section 1717: In A 2-1 Split Decision, 2/5 DCA Affirms $28,000 Contractual Fee Award To Prevailing Tenants Based On An Entered CCP § 998 Judgment And On Residential Lease Fee Provisions

Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998

Majority And Dissenting Justice Disagreed On The Meaning Of A $500 Fee Cap Provision When Another Provision Discussed Additional Fees Being Within Play.             We know from 511 S. Park View, Inc. v. Tsantis, 240 Cal.App.4th 44, 48 (2015) [discussed in our October 10, 2015 post] that courts will honor a contractual “cap” of fees

Prevailing Party, Section 998, Section 1717: Host Of Section 1717 And 998 Issues Are Considered In Attorney’s Fees Dueling Requests

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

Equitable Claims Can Be “On The Contract,” Parties Losing On Their Complaint And Cross-Complaint Meant That Neither Side Prevailed; One Litigant Beat 998 Offer Based On Non-Monetary Value And The Fact That The Composite Joint Nature Of Offer Had To Be Considered, But Matter Had To Be Remanded For Prevailing Party Determination Based On An

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