Cases: Prevailing Party

Prevailing Party:  Plaintiff Voluntarily Dismissing Contractual Claims After Loss Of Some Defense In Limine Motions Not Entitled To Recovery Of Section 1717 Fees

Cases: Prevailing Party

$240,731 Fee Award Reversed As A Matter Of Law, Because Not Dispositive Stage Ruling Had Occurred.             “Prevailing party” determinations under Santisas v. Goodin, 17 Cal.4th 599, 617 (1998) [one of our Leading Cases] are especially subject to de novo review given that the facts frequently are undisputed and only legal issues are presented for […]

Prevailing Party:  City of West Hollywood v. Kihagi Decision Now Published

Cases: Cases Under Review, Cases: Prevailing Party

Attorney’s Fees Reversed Where Permanent Injunction Overturned Such That Prevailing Party Determination Was Premature.             On October 1, 2017, we posted on City of West Hollywood v. Kihagi, an appellate decision which was unpublished at the time.  It reversed a fees award to a prevailing party because a permanent injunction was reversed such that prevailing

Allocation/Prevailing Party:  Trial Judge Erred By Awarding “Full Boat” Requested Fees To Plaintiff/Cross-Defendant Where Record Did Not Show That It Necessarily Prevailed

Cases: Allocation, Cases: Prevailing Party

On Remand, Prevailing Party Determination Needs To Be Revisited As Well As Apportionment Issues. Sequoia Lake, 1920s.  Online Archive of California.             Central Valley Young Men’s Christian Association, Inc. v. The Sequoia Lake Conference of Young Men’s Christian Associations, Case No. F072379 (5th Dist. Oct. 3, 2017) (unpublished) was an interesting YMCA inter-organizational battle about

Prevailing Party:  Fee Award To City Of Hollywood Under Ellis Act Settlement Agreement Reversed Because City’s Permanent Injunction Overturned On Appeal

Cases: Prevailing Party

Prevailing Party Determination Must Await A Final Resolution Of Parties’ Contractual Dispute. West Hollywood, Santa Monica Blvd.  2013.  Carol M. Highsmith, photographer.  Library of Congress.             City of West Hollywood v. Kihagi, Case No. B270416 (2d Dist., Div. 1 Sept. 29, 2017) (unpublished) was a situation where a landlord and City

Allocation, Fee Clause Interpretation, Prevailing Party, Section 1717:  Lease Rescission Claim Did Give Rise To Successful Fee Recovery To The Tune Of $418,730.75 In Fees And $16,260.79 In Costs In Tenant’s Favor

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

“Any Remedy Hereunder” Lease Language Salted Away The Result.             In The Redbean House Corp. v. Colonnade Wilshire Corp., Case No. B276837 (2d Dist., Div. 2 Aug. 16, 2017) (unpublished), tenant successfully obtained rescission of a commercial lease based on a substantial seismic retrofit issue, although landlord obtained $49,647 in damages for waste after a

Landlord/Tenant, Prevailing Party, Section 998: $324,533.50 Fee Award To Landlord Affirmed In Second Coercive Declaratory Relief Lawsuit Against Tenant

Cases: Landlord/Tenant, Cases: Prevailing Party, Cases: Section 998

Dispute Focused On Tenant’s Ability To Use Common Areas Behind Lease Premises.             Landlord/tenant disputes can be expensive from fee expense and fee award perspectives, as Muzzi v. Bel Air Mart, Case No. C073684 (3d Dist. July 3, 2017) (unpublished) demonstrates.            In this one, landlord had to bring a “coercive” declaratory relief action against a

Arbitration/Prevailing Party: Landlord Only Obtaining 5% Of Requested Damages And Voluntarily Obtaining Possession From Tenant After Contractual Termination Correctly Decided To Not Be The Prevailing Party

Cases: Arbitration, Cases: Prevailing Party

Trial Judge Correctly Decided Fee Entitlement Issue Which Was Left To The Court For Resolution By The Arbitrator.             In Newport Harbor Offices & Marina, LLC v. Kent A. McNaughton and Associates, Case Nos. G052704/G052984 (4th Dist., Div. 3 June 29, 2017) (unpublished), landlord brought an unlawful detainer action against tenant (one of landlord’s owners)

Prevailing Party/Reasonableness Of Fees: Only One Prevailing Party Can Be The Result In Contractual Dispute Involving Defensive Cross-Complaint

Cases: Prevailing Party, Cases: Reasonableness of Fees

  Defendant Defeating Plaintiff’s Contractual Claims Was Sole Prevailing Party, Reversing Fee Award To Cross-Defendant Prevailing On Usury Claim.           In Kelly v. Mayer, Case No. D071080 (4th Dist., Div. 1 June 23, 2017) (unpublished), plaintiff sued on a note and defendant defensively cross-claimed primarily upon fraud and usury grounds. After a 25-day jury trial,

Costs/Prevailing Party: After Remand From Supreme Court Decision, 4/3 DCA Decides Prevailing Party For Purposes Of Appellate Costs

Cases: Costs, Cases: Prevailing Party

  Project Set-Aside Determination, Despite Wins And Losses, Showed Conservancy Was Prevailing Party.             In Banning Ranch Conservancy v. City of Newport Beach, 2 Cal.5th 918 (2017), the California Supreme Court disagreed with the trial and appellate courts regarding CEQA compliance. The supreme court issued a remittitur, stating: “Costs, if any, must be awarded by the

Scroll to Top