Cases: Prevailing Party

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 v. Lacher, Case No. D071799 (4th Dist., Div. 1 Jan. 16, 2019) (unpublished) obviously were dismayed when the lower court […]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             In Bayer v. Morse, Case No. A147318 (1st Dist., Div. 4 Dec. 28, 2018) (unpublished), 3 plaintiffs sued an apartment complex based on discrimination by the building management, which discrimination was aimed at tenants with children.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

Prevailing Party: Plaintiff Obtaining Some Scaled Back Damages And Declaratory Relief On Environmental Contamination Properly Awarded $1.345 Million In Fees

Cases: Prevailing Party

Although Not Winning Everything, Plaintiff Did Obtain Significant Declaratory Relief So As To Be Deemed The Prevailing Party.             In Hot Rods, LLC v. Northrop Grumman Corp., Case No. G054432 (4th Dist., Div. 3 Dec. 5, 2018) (unpublished), the case involved environmental contamination of a property in Anaheim that was sold by defendant to certain

Intellectual Property, Preemption, Prevailing Party: Defendants’ Prevailing On Preemption Claim Under State Statute With Mandatory Fees Clause Was Entitled To Appellate Fees For The Win

Cases: Intellectual Property, Cases: Preemption, Cases: Prevailing Party

Even Though A Few Sliver Claims Remained, Defendants Prevailed Because Those Claims Are Not Subject To Fee Shifting.             The Ninth Circuit, in an earlier appeal, had decided that plaintiffs’ claims for resale royalties under the California Resale Royalties Act (CRRA) largely were preempted by the 1976 Copyright Act for any claims occurring after January

Arbitration, Prevailing Party: Party Defeating Petition To Compel Arbitration, The Only Contractual Claim, Was Entitled To Fee Recovery Despite No Completed Arbitration On The Noncontract Claims

Cases: Arbitration, Cases: Prevailing Party

Finality Was Present With Respect To The One Contractual Issue, Justifying Civil Code Section 1717 Recovery.             In an earlier published decision, general contractor was found to have waived the right to compel arbitration in construction defect and mechanic’s lien cases which ultimately were consolidated. The winning party on the arbitrability dispute, the only contractual

Prevailing Party, Special Fee Shifting Statute: State False Claims Act Fee-Shifting Statute Applies To Defendant Prevailing On Just The False Claim Act Claims Rather Than The Action As A Whole

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

This Result Fosters Deterring Actions Without Foundation Brought By Government Against Private Entities/Persons.            The First District, Division 5, in John Russo Industrial Sheetmetal, Inc. v. City of Los Angeles Dept. of Airports, Case No. A151729 (1st Dist., Div. 5 Nov. 26, 2018) (published), dealt with a situation where a plaintiff contracted with the L.A.

Prevailing Party: Where Alter Ego Allegations Only Directed At Tort Claims With Narrow Fees Clause, Individual Cross-Defendant Beating Alter Ego Claims On Tort Claims Not Entitled To Fee Recovery

Cases: Prevailing Party

Narrow Fees Clause and Tort Claims Were The Determining Factors Here.             In Echeverria v. Cohen, Case No. B285085 (2d Dist., Div. 8 Nov. 26, 2018) (unpublished), plaintiff dental corporation sued defendant landlord over a commercial lease termination, and defendant cross-claimed against the tenant and tenant’s principal under an alter ego theory. Landlord prevailed on

Deeds Of Trust, Prevailing Party, Section 1717: Where Lender Did Get Ruling Saying Plaintiff Had To Repay Loan, That Was A Prevailing Party Determination

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

Section 1717 Governed In This One, Given Broad Fees Clause In Deed Of Trust.             In PNG Investments, Inc. v. RG Real Estate Investments, Case No. B280229 (2d Dist., Div. 3 Nov. 20, 2018) (unpublished), plaintiff/cross-defendant won a real estate loan dispute against defendant/cross-complainant. Later, the trial judge awarded plaintiff/cross-defendant contractual attorney’s fees under a

Celebrities, Prevailing Party: Plaintiff Model/Actor Winning $1.123 Million In Unauthorized Likeness Case Was Improperly Denied Prevailing Party Fees Under Civil Code Section 3344

Cases: Celebrities, Cases: Prevailing Party

Despite Plaintiff Not Winning Multi-Millions More Being Claimed, Appellate Court Believed He Should Get Prevailing Party Fees.             Co-contributor Mike was a little surprised by this one, given how prevailing party determinations in mixed cases are usually governed by a deferential abuse of discretion standard. However, that often depends on the facts of the case,

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