Cases: Prevailing Party

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       In Dominski v. Lazar, Case No. B268187 (2d Dist., Div. 5 Mar. 29, 2017) (unpublished), which involved a custom home construction dispute, homeowners did prevail against the construction company but did not prevail against the construction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

Civil Rights, Costs, Prevailing Party, Undertaking: Plaintiff’s Win Under Patient’s Rights Health And Safety Code Scheme Resulted In Substantial Fee Award, But Other Expert Fee Awards And Need For Appellate Undertaking Rulings Reversed As To Defense

Cases: Civil Rights, Cases: Costs, Cases: Prevailing Party, Cases: Undertaking

  Panoply Of Issues Faced In This Decision.       In Lemaire v. Covenant Care California, LLC, Case No. B266493 (2d Dist., Div. 6 Feb. 27, 2017) (unpublished), plaintiff filed a complaint based on wrongful death, elder abuse, and “patients’ rights” violations under Health and Safety Code section 1430(b) for treatment of her mother in a

Prevailing Party/Special Fee Shifting Statute: Plaintiff Was Prevailing Party Under California Public Record Act Proceeding

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

  Lower Court Erred In Denying Fees/Costs Because PRA Requires Agency To Seek Clarification Of Unclear Request And No Bad Faith Required As PRA Predicate.      In Camou v. Superior Court (City of Montclair), Case No. E066325 (4th Dist., Div. 2 Jan. 13, 2017) (unpublished), the Fourth District, Division 2 issued a Palma-based writ after

Prevailing Party/Reasonableness Of Fees/Section 998: Pragmatic Test Made Plaintiff Prevailing Party In Lease Dispute, With All Of Requested Fees Granted

Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 998

  Defense Only Said Our Fees Are Only One Third Of The Request, With Trial Court Not Crediting That Retort.       In Crowdflower, Inc. v. Asher Insights, Inc., Case No. A143235 (1st Dist., Div. 2 Dec. 29, 2016) (unpublished), new office building owner served a CCP § 998 offer in a contentious lease/retaliation dispute with

Fee Clause Interpretation, Prevailing Party, Section 1717, Allocation: Trial Court Erred In Awarding All Defense Fees Against Voluntarily Dismissing Plaintiff Under Santisas, Requiring Remand And Allocation

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

However, Prevailing Defense Was Entitled To Fees For Tort Claim Work Given Breadth Of Contractual Fees Clause.     A trial judge in Khan v. Shim, Case No. H041608 (6th Dist. Dec. 29, 2016) (published) granted the prevailing defense all fees for defensive work incurred in defending against a complaint containing both contractual and tort claims following

Prevailing Party: Plaintiff’s Voluntary Dismissal Of Action After Obtaining Some Objectives Correctly Supported Denial Of Fee Recovery

Cases: Prevailing Party

  However, Dismissal Did Trigger Routine Costs Recovery To Be Considered On Remand.     In Buck v. Brooks, Case No. A142929 (1st Dist., Div. 3 Dec. 5, 2016) (unpublished), plaintiff limited partner sued to obtain more accountability from defendant general partner as far as the running of a limited partnership owning a San Leandro shopping

Prevailing Party/Section 1717: $152,791.50 Fee Award To Prevailing Defendants, Even Though One Of The Defendants Also Only Won One Out Of Four Cross-Claims, Sustained On Appeal.

Cases: Prevailing Party, Cases: Section 1717

  Prevailing Party Determination Was A Discretionary One For Lower Court.     In Enayat v. Missaghi, Case No. B260861 (2d Dist., Div. 5 Nov. 17, 2016) (unpublished), defendants won a “waste” lease dispute against a plaintiff alleging two tort claims, and one of the defendants also won on a slander cross-claim (resulting in $1 nominal

Homeowner Associations, Prevailing Party: Defendants Homeowners/HOA’s Fee Recovery As Prevailing Party Affirmed On Appeal

Cases: Homeowner Associations, Cases: Prevailing Party

  Losing Plaintiff’s Fee Denial Also Affirmed In Dueling Fee Motion Case.     Homeowner/landowner cases seem to bring a lot of angst and emotions, maybe not as much as the recent presidential election, but still on the top level on a range scale from 1 to 10—we would say most disputes are in the 7-10

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