Cases: Prevailing Party

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           In Kelly v. Mayer, Case No. D071080 (4th Dist., Div. 1 June 23, 2017) (unpublished), plaintiff sued on a note and defendant defensively cross-claimed primarily upon fraud and usury grounds.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      In Ahern v. Asset Management Consultants, Inc., Case No. B271851 (2d Dist., Div. 7 May 22, 2017) (unpublished), parties successfully challenging an adverse result on the basis it was not arbitrable later sought $465,000 in attorney’s fees even though the merits dispute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

Prevailing Party/Section 1717:  Defendant Beating Primary Rescission/Restitution Claim Did Prevail For Purposes Of Section 1717 Despite Losing Cross-Claims

Cases: Prevailing Party, Cases: Section 1717

    Dispute Arose Over Filming Rights For Jimi Hendrix’s 1969 Performance At London’s Royal Albert Hall.   Photograph of Jimi Hendrix taken in Sweden.  May 24, 1967.  Wikipedia.                  Although unpublished, Experience Hendrix, LLC v. The Last Experience, Case No. B268414 (2d Dist., Div. 2 May 8, 2017) (unpublished) takes us down

Allocation/Appealability/Prevailing Party:  Litigant Winning Demurrer Without Leave Entitled To Contractual Fee Recovery For Unqualified Win

Cases: Allocation, Cases: Appealability, Cases: Prevailing Party

    Apportionment Would Have To Be Made, Because Litigant Shared Counsel With Remaining Party In Litigation.               Hyatt v. Aurora Western Pacific Advisors, Inc., Case No. G052981 (4th Dist., Div. 3 April 20, 2017) (unpublished) illustrates that difficulties in apportioning fees does not allow a trial judge to deny a fee request by

Prevailing Party/Section 1717: California Supreme Court Affirms That Party Losing Forum Selection Clause Transfer, But Refiling In Different Jurisdiction, Is Not Subject To 1717 Fee Recovery

Cases: Prevailing Party, Cases: Section 1717

  Refiling The Case In A Different Jurisdiction Was The Key Distinction.       In DisputeSuite.com, LLC v. Scoreinc.com, Case No. S226652 (Cal. Supreme Court Apr. 6, 2017) (published), our state supreme court faced the issue of whether fee recovery under Civil Code section 1717 was properly denied against a litigant obtaining a dismissal of an

Prevailing Party: Trial Judge’s Decision To Award No Fees–Here Results Were Mixed–Was No Problem

Cases: Prevailing Party

  Alter Ego Allegations Likely Drove The Result Here.       In Dominski v. Lazar, Case No. B268187 (2d Dist., Div. 5 Mar. 29, 2017) (unpublished), which involved a custom home construction dispute, homeowners did prevail against the construction company but did not prevail against the construction company principal despite alter ego allegations which did not

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