Cases: Prevailing Party

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 Oct. 3, 2017) (unpublished) was an interesting YMCA inter-organizational battle about […]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             City of West Hollywood v. Kihagi, Case No. B270416 (2d Dist., Div. 1 Sept. 29, 2017) (unpublished) was a situation where a landlord and City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 v. Colonnade Wilshire Corp., Case No. B276837 (2d Dist., Div. 2 Aug. 16, 2017) (unpublished), tenant successfully obtained rescission of a commercial lease based on a substantial seismic retrofit issue, although landlord obtained $49,647 in damages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 July 3, 2017) (unpublished) demonstrates.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

Arbitration/Prevailing Party: Parties Beating Back Arbitration Resolution Of Dispute, Which Was Transferred To Other Pending Court Cases, Correctly Denied Fees Based On Prematurity

Cases: Arbitration, Cases: Prevailing Party

  DisputeSuite Recent California Supreme Court Decision Supported The Result.      In Ahern v. Asset Management Consultants, Inc., Case No. B271851 (2d Dist., Div. 7 May 22, 2017) (unpublished), parties successfully challenging an adverse result on the basis it was not arbitrable later sought $465,000 in attorney’s fees even though the merits dispute was

Prevailing Party/Special Fee Shifting Statute:  Federal False Claims Act Does Allow Prevailing Defendant To Recover Attorney’s Fees For A Subject Matter Jurisdiction Win

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

    Merits Win Not Required, Agreeing With Two Other Decisions As Far As Breadth Of False Claims Act Prevailing Party Definitional Scope.             Dr. Ralph's Pills.  Library of Congress.             In Amphastar Pharmaceutical Inc. v. Aventis Pharma SA, Nos. 14-56382/15-56204 (9th Cir. May 11, 2017) (published), the defense won a

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