Appellate Court Also Chastised Parties For Lack Of Record Citation In Appeals Briefing. In Sardab v. Acme Bail Bonds Co., Case No. G050554 (4th Dist., Div. 3 Nov. 22, 2016) (unpublished), plaintiff was determined to be the prevailing party in a quiet title action after a judge’s ruling that she could void a […]
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 In Enayat v. Missaghi, Case No. B260861 (2d Dist., Div. 5 Nov. 17, 2016) (unpublished), defendants won a “waste” lease dispute against a plaintiff alleging two tort claims, and one of the defendants also won on a slander cross-claim (resulting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
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
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Plaza, LLC v. The Frank and Gertrude R. Doyle Foundation, Case No. G050766 (4th Dist., Div. 3 Aug. 22, 2016) (Unpublished) –Split Result Meant No Prevailing Party.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
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 In Kent v. The Wine Group, LLC, Case No. A145104 (1st Dist., Div. 1 Aug. 19, 2016) (unpublished), former CEO who did grow the company in extraordinary fashion filed an arbitration demand against his former
In Intelligent Investments Corp. v. Gonzales, Case No. BV 031101 (L.A. Superior Court Appellate Division June 14, 2016) (published; post on calgov website on July 19, 2016), landlord voluntarily dismissed an unlawful detainer action and a lower court denied attorney’s fees to defendant tenant. This got reversed on appeal. Defendant tenant was
One Can Recover Under Section 1717 And The Other Side Can Recover Based On Fees Clause Breadth Under Civil Code Section 1021. Stadium Promenade, LLC v. Auld Irisher, Orange, LLC, Case No. G051513 (4th Dist., Div. 3 July 15, 2016) (unpublished) is a case which illustrates that both sides in a case can
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
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,
$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
