Cases: Prevailing Party

Landlord/Tenant; Prevailing Party: Defendant Voluntarily Dismissed From Civil Harassment Proceeding Properly Denied Fee Recovery

Cases: Landlord/Tenant, Cases: Prevailing Party

  No Fee Entitlement Under CCP § 1032(b) Or CC § 1717, And Trial Court Did Not Abuse Its Discretion In Determining Defendant Did Not Prevail Under Rental Lease Clause Or Civil Harassment Discretionary Fee-Shifting Statute.      Plaintiff landlord and defendant tenant obviously got at odds with each other, prompting landlord to initiate both an […]

Prevailing Party/Section 1717: Bank Winning $65 Million Verdict Not Entitled To Prevailing Party Fees Against Borrower

Cases: Prevailing Party, Cases: Section 1717

  Bank Wanted To Obtain Custodial Deposit Account Priority On Injunctive Claim, But Did Not Achieve Main Objective By Losing Lien Priority Issue.     Courts will focus on who pragmatically “won” as far as determining the prevailing party under Civil Code section 1717.  The next case well illustrates this principle.     In Wells Fargo Bank,

Prevailing Party: Party Obtaining $177,319.46 In Damages, Not On All Claims, Still Prevailed For Purposes Of Fees Clause Recovery

Cases: Prevailing Party

  $164,374.50 In Fee Recovery Sustained On Appeal.       1884.  Library of Congress.      In California Hand Center, Inc. v. Katzen, Case Nos. B259520/B261646 (2d Dist., div. 1 May 26, 2016) (unpublished), a court-appointed awarded plaintiff $227,319.46 in damages (on appeal, reduced to $177,319.46) under a contract with a fees clause.  The referee also awarded

Prevailing Party, Private Attorney General, Section 998, Section 1717: Neither Borrower Winning $523.14 Nor Lender With Beating 998 Offers Were Deemed Prevailing Parties

Cases: Prevailing Party, Cases: Private Attorney General (CCP 1021.5), Cases: Section 1717, Cases: Section 998

  Both Went Away Unhappy, We Assume.     In Russo v. Bank of America, Case No. D067623 (4th Dist., Div. 1 May 17, 2016) (unpublished), borrower and lender won some sides of claims in an impound dispute, although plaintiff borrower eventually won $523.14 based on a contract with a fees clause after seeking $795,000 plus

Fee Clause Interpretation, Prevailing Party, Section 1717: Another Reversal Of Fortune—Rehearing Granted Where Prevailing Plaintiff Now Gets Return Of $4.2 Million Fee Recovery

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

  Earlier, The Fee Recovery Went POOF!, But Restored After A Rehearing.   President Grant at his cottage by the sea.  c1872.  Library of Congress.     We have posted before in our February 21, 2016 post on U.S. Grant Hotel Ventures, LLC v. American Property Management Corp., a Fourth District, Division 1 appeal where each

Homeowner Associations/Prevailing Party: HOA’s Request For $1.666 Million In Fees Against Homeowner Properly Denied

Cases: Homeowner Associations, Cases: Prevailing Party

  Lower Court Found HOA Did Not “Prevail,” Where Each Side Got Some Relief.      HOA-homeowner disputes, as well have seen repeatedly, are generally expensive in nature as far as attorney’s fees expenditures. The loser, either way, can face substantial fee exposure under Civil Code section 5975 (the Davis-Stirling Act’s fee shifting provision) and/or Civil

Fee Clause Interpretation/POOF!/Prevailing Party: Remand To Clarify Damages Awarded To Nonprevailing Plaintiff Real Estate Buyers Meant Substantial Fee Award To Prevailing Real Estate Seller Needed To Be Revisited On Remand

Cases: Fee Clause Interpretation, Cases: POOF!, Cases: Prevailing Party

  Award of Over $477,000 in Fees/Costs Went POOF!      In Fong v. Sheridan, Case Nos. A144286/A14522 (1st Dist., Div. 1 Apr. 21, 2016) (unpublished), buyers of seaside property sued seller and a dual broker agent for breach of contract, intentional misrepresentation, negligent misrepresentation, and rescission after dual agent told buyers at a pre-sale stage

Homeowner Association/Prevailing Party: $101,803.15 To Prevailing HOA Affirmed On Appeal Where Lower Court Found HOA Could Fine For Short-Term Vacation Rental Activities But Awarded Fairly Small Fines

Cases: Homeowner Associations, Cases: Prevailing Party

  Prevailing Party Under Davis-Stirling Act Is A Pragmatic Inquiry, With Fees Mandatory If Prevailing Status Is Properly Made.     Almanor Lakeside Villas Owners Assn. v. Carson, Case No. H041030 (6th Dist. Apr. 19, 2016) (published) involves a $101,803.15 fees/costs award to a prevailing homeowner association against homeowners who were found to have violated short-term

Prevailing Party/Section 1717: Defendant Prevailing On Tort Claims After Voluntary State Court Dismissal Entitled To $124,113 In Attorney’s Fees From Dismissing Plaintiffs

Cases: Prevailing Party, Cases: Section 1717

  Court Did Not Have To Resolve Split in Appellate Authority On Whether Financial Condition Is Considered For “Reasonable Fee” Purposes, Because No Financial Evidence Was Presented Before The Trial Court.     McNeil v. Symmetricom, Inc., Case No. H041067 (6th Dist. Apr. 12, 2016) (unpublished) involved a situation where plaintiffs dismissing a state court action

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