Cases: Prevailing Party

Assignment, Prevailing Party, Reasonableness of Fees: No Abuse Of Discretion In Awarding Prevailing Defendant $92,155 After Reasonableness Reduction.

Cases: Assignment, Cases: Prevailing Party, Cases: Reasonableness of Fees

It Was Not Necessary For Court To Apportion Fees Between Contract-Based Causes Of Action, Claims Dismissed Before Trial, Defense of Defendant Corporation, and Defense of Corporation’s CEO Because Plaintiff’s Causes Of Action All Stemmed From A Common Factual Core, And All Claims Against CEO Were Also Alleged Against Entity.         In Grant v. AssistMed, Inc., […]

Prevailing Party, Section 1717: Plaintiff Prevails On Breach Of Contract Claims, But Is Denied Entire Attorney’s Fees Request Of $1.38 Million Due To Lack Of Attorney’s Fees Provision In Contract Under Which It Sued

Cases: Prevailing Party, Cases: Section 1717

Plaintiff Was Unable To Demonstrate That Later Contract With Fees Provisions Was Applicable To Earlier Contract Under Which It Sued.         Applied General Agency, Inc. v. Chinese Community Health Plan, Case No. G055669 (4th Dist., Div. 3 February 27, 2019) (unpublished) involved a Plaintiff insurance agency and a Defendant/Cross-Complainant insurance provider who each sued each

Prevailing Party, Section 1717: Lopsided Results Entitled Plaintiff Who Obtained Greater Relief To Fees As The Prevailing Party Under Civil Code Section 1717 Based On A Contractual Fees Clause In Written Construction Agreement

Cases: Prevailing Party, Cases: Section 1717

Trial Court’s Discretionary Decision Of No Prevailing Party Reversed On Appeal         In Advent Companies, Inc. v. SJC II/Fourth and Haven, LLC, Case No. G055609 (4th Dist., Div. 3 February 27, 2019) (unpublished), a general contractor Plaintiff and property owner/developer Defendant/Cross-Complainant entered into a written construction agreement for Plaintiff to build a 298-unit apartment complex

Consumer Statutes, Prevailing Party: Reversal Of Fees Awarded To Borrowers Who Obtained Temporary Restraining Order Enjoining A Non-Judicial Foreclosure Sale But Submitted Procedurally Defective Fee Request

Cases: Consumer Statutes, Cases: Prevailing Party

Remand For Further Proceedings Gives Borrowers A Second Chance At Fees Allowed Under Civ. Code § 2924.12 (h) If They Choose To Bring Properly Noticed Motion         Section 2924.12 was enacted in 2012, and is commonly known as the Homeowner Bill of Rights. It was intended to address California’s foreclosure crisis and prohibit against “dual

Prevailing Party: Neighbor Whose Lawsuit Was Dismissed Because Coastal Commission Granted De Novo Appeal Of Permit Dispute Did Not Prevail For Fee Recovery Purposes

Cases: Prevailing Party

Appellate Court Agrees With Trial Court’s Conclusion.             Fudge v. City of Laguna Beach, Case No. G055711 (4th Dist., Div. 3 Feb. 13, 2019) (published) involves, as frequently happens, a dispute by coastal neighbors over a municipal grant of a coastal development permit (CDP). Real party in interest neighbor #1 obtained from Laguna Beach a

Prevailing Party, Substantiation Of Reasonableness Of Fees: Sibling Prevailing In Probate Dispute to Enforce Settlement Agreement Was Entitled To Fee Recovery Against Other Sibling

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

However, Prevailing Sibling’s Use Of Overly Redacted Billings Justified Reduction From Fee Request.             In Levine v. Levine, Case No. B284749 (2d Dist., Div. 1 February 6, 2019) (unpublished), siblings in a probate dispute entered into a global settlement agreement. One sibling moved to enforce the settlement agreement, but the motion was denied. The settlement

Fee Clause Interpretation, Prevailing Party: $53,791.79 Fees/Costs Award To Tenant And Against Landlord Affirmed On Appeal

Cases: Fee Clause Interpretation, Cases: Prevailing Party

Fee Clause “Any Right” Language Allowed Tenant To Recover For Landlord’s Misrepresentations.             Zhang v. Cheung, Case No. B282132 (2d Dist., Div. 7 Jan. 16, 2019) (unpublished) involved a situation where a landlord won only $16,200 in damages for breach of a lease, while tenant won $30,078.85 in damages from landlord for intentional misrepresentation and

Homeowner Associations, Prevailing Party: HOA Obtaining Preliminary Injunction To Aid Fumigation Of Separate Units Was Prevailing Party Entitled To Fee Recovery

Cases: Homeowner Associations, Cases: Prevailing Party

Lower Court Fee Award And Appellate Fees Were Warranted In Favor OF The HOA.             Although we do not know the amount of fees awarded below, the homeowners in Windham at Carmel Mountain Ranch Assn. v. Lacher, Case No. D071799 (4th Dist., Div. 1 Jan. 16, 2019) (unpublished) obviously were dismayed when the lower court

Prevailing Party: Two Plaintiffs Winning 36 Out Of 42 Claims And One Plaintiff Winning Significant Compensatory Damages Were Prevailing Parties Under S.F. Rent Ordinance And FEHA Fee-Shifting Statute

Cases: Prevailing Party

This Situation Was Far From A Mere “Draw,” As The Defense Characterized It.             In Bayer v. Morse, Case No. A147318 (1st Dist., Div. 4 Dec. 28, 2018) (unpublished), 3 plaintiffs sued an apartment complex based on discrimination by the building management, which discrimination was aimed at tenants with children. Two plaintiffs won from a

Prevailing Party: 2/4 DCA Grants Petition For Rehearing And Finds Neither Side Prevailed In Commercial Likeness Case Where Plaintiff Only Received 1-2% Of His Litigation Objectives

Cases: Prevailing Party

We Had Questioned Whether The Original Decision Finding Fees Should Be Awarded To Plaintiff Was Correct, With Court Of Appeal Agreeing With Us Upon A Rehearing.             In our November 14, 2018 post on Olive v. General Nutrition Centers, Inc., Case No. B279490 (2d Dist., Div. 4), we had questioned at the end of our

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