Cases: Prevailing Party

Individual Defendants Did Not Gain Their Main Litigation Objective, Given No Adjudication Of Alter Egos Issues Too Boot.             In Fedco Construction, Inc. v. International Fidelity Ins. Co., Case Nos. A146999/A148407 (1st Dist., Div. 5 Dec. 19, 2017) (unpublished), alter ego defendants (Individual Defendants) for developers were dismissed on a directed verdict after alter ego […]

Trial Court Had Discretion In Making Prevailing Party Determination, And Did Not Abuse It.             Unless you get an outright victory under Civil Code section 1717, the trial judge has discretion to determine if a party prevailed for purposes of fee recovery.  The trial judge determined that, although plaintiff did get affirmative recovery, the plaintiff

$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

No One Won Really Won In Collateral Attack Proceeding. Duelling with wax bullets.  October 28, 1909.  Library of Congress.             Dougherty v. David S. Karton, A Law Corporation, Case No. B275504 (2d Dist., Div. 8 Oct. 11, 2017) (unpublished) may demonstrate the reality that “enough, is enough” when parties duel it out over lots of

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             City of West Hollywood v. Kihagi, Case No. B270416 (2d Dist., Div. 1 Sept. 29, 2017) (unpublished) was a situation where a landlord and City