Cases: Prevailing Party

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 June 28, 2019) (unpublished) faced an interesting issue based on a contractual fees clause under Civil Code section 1717: 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 G054706/G054877 (4th Dist., Div. 3 June 24, 2019) (unpublished), plaintiff landlord and defendant tenant got involved in a major tussle over office space and bloat slips leased to tenant defendant.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

Fee Clause Interpretation, Prevailing Party: Defendant Properly Denied Attorney’s Fees Where Plaintiff Really Obtained All Of Its Relief As The Prevailing Party Under Broad Fees Clause

Cases: Fee Clause Interpretation, Cases: Prevailing Party

Defendant Was Denied Fees, But It Did Not Independently Appeal—Maybe Should Have!             In MBK Properties LLC v. San Diego Beer Co., Inc., Case No. G055856 (4th Dist., Div. 3 May 28, 2019) (unpublished), seller/plaintiff sold a commercial parcel to buyer/defendant under a written purchase and sale agreement (PSA) which had a contractual fees clause

Indemnity, Prevailing Party, Section 1717: Trial Court Erred In Denying Contractual Fees To Owner And General Contractor’s Surety Such That A Remand Was Required—There Was A Fees Clause, Not Just An Indemnity Provision

Cases: Indemnity, Cases: Prevailing Party, Cases: Section 1717

However, Appellate Court Acknowledged That Results Were Decidedly Mixed, But Any Prevailing Party Determination Was To Be Made By Lower Court             Driving multiple trips to the appellate court were the parties’ claims for attorney’s fees, something we have seen often and one of the things which inspired this blog.             In John Russo Industrial

Prevailing Party, Section 1717: In UCC Case, Plaintiff Only Winning Installation Cost Recovery Rather Than Defective System Recovery Against Contractual Recovery Properly Denied Attorney’s Fees Recovery

Cases: Prevailing Party, Cases: Section 1717

Defendant Gravitated More On The “Winning Side,” Although Mixed Bag For Everyone.            This next case takes us back to law school for co-contributor Mike. He had a great Uniform Commercial Code professor in law school (E. Hunter Taylor, who is a professor emeritus at Rutgers-Camden Law School but is still practicing law in New Jersey),

Construction, Prevailing Party, Section 1717: 4/1 DCA Affirms That Subcontractor Was Not Prevailing Party Because Its Post-Litigation Deposit Near The End Of The Litigation Was Not A Proper Tender Under Civil Code Section 1717(b)(2)

Cases: Construction, Cases: Prevailing Party, Cases: Section 1717

Very Elaborate Discussion Of “Tender” Under Section 1717(b)(2), Which Appellant Did Not Meet.             D.R. Horton Los Angeles Holding Co., Inc. v. Milgard Mfg. Co., Inc., Case No. D074889 (4th Dist., Div. 1 March 29, 2019) (unpublished) is an interesting case which interpreted the nature of Civil Code section 1717(b)(2). That provision says that where

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