$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 […]
$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 G054706/G054877 (4th Dist., Div. 3 June 24, 2019) (unpublished), plaintiff landlord and defendant tenant got involved in a major tussle over office space and bloat slips leased to tenant defendant.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
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
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
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 In MBK Properties LLC v. San Diego Beer Co., Inc., Case No. G055856 (4th Dist., Div. 3 May 28, 2019) (unpublished), seller/plaintiff sold a commercial parcel to buyer/defendant under a written purchase and sale agreement (PSA) which had a contractual fees clause
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
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),
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
Lower Court Should Have Credited Parties’ Admissions, With No Invited Error Based On Record Before The Lower Court. If you, as a litigant, make an admission as to fee entitlement, but then try to change course based on a trial court’s different path, you may be bound by the admission in an appeal and
Condominium Owner Plaintiff Wisely Sought Fees Only For The Claims On Which She Prevailed Against Association The Broadway Hollywood is a 10-story historical building on the corner of Hollywood and Vine. It was constructed in 1927 and originally used as a store. However, the building was abandoned in 1987 and remained vacant for
