Cases: Prevailing Party

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       In Lemaire v. Covenant Care California, LLC, Case No. B266493 (2d Dist., Div. 6 Feb. 27, 2017) (unpublished), plaintiff filed a complaint based on wrongful death, elder abuse, and “patients’ rights” violations under Health and Safety Code section 1430(b) for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      In Camou v. Superior Court (City of Montclair), Case No. E066325 (4th Dist., Div. 2 Jan. 13, 2017) (unpublished), the Fourth District, Division 2 issued a Palma-based writ after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       In Crowdflower, Inc. v. Asher Insights, Inc., Case No. A143235 (1st Dist., Div. 2 Dec. 29, 2016) (unpublished), new office building owner served a CCP § 998 offer in a contentious lease/retaliation dispute with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

4/3 DCA Trifecta: Appellate Court Issues Three Fee Unpublished Decisions

Cases: Prevailing Party, Cases: Retainer Agreements, Cases: Sanctions, Cases: Settlement

Source:  Wikipedia.  Article “Trifecta.” Prevailing Party/Settlement: Goldenwest Plaza, LLC v. The Frank and Gertrude R. Doyle Foundation, Case No. G050766 (4th Dist., Div. 3 Aug. 22, 2016) (Unpublished) –Split Result Meant No Prevailing Party.      This case was a messy partition case where differing ownership interests with disputes on management of a shopping center brought

Arbitration/Prevailing Party: Former Employer Of Highly Compensated Former Executive, Prevailing Party In Arbitration, Properly Awarded Attorney’s Fees Of $3.25 Million And Costs Of Almost $357,000

Cases: Arbitration, Cases: Prevailing Party

  Who Says Arbitration Cannot Be Costly?  Not Us.     This next illustrates that arbitrations can be costly affairs.     In Kent v. The Wine Group, LLC, Case No. A145104 (1st Dist., Div. 1 Aug. 19, 2016) (unpublished), former CEO who did grow the company in extraordinary fashion filed an arbitration demand against his former

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