Cases: Prevailing Party

4/3 DCA Trifecta: Appellate Court Issues Three Fee Unpublished Decisions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Plaza, LLC v. The Frank and Gertrude R. Doyle Foundation, Case No. G050766 (4th Dist., Div. 3 Aug. 22, 2016) (Unpublished) –Split Result Meant No Prevailing Party.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     In Kent v. The Wine Group, LLC, Case No. A145104 (1st Dist., Div. 1 Aug. 19, 2016) (unpublished), former CEO who did grow the company in extraordinary fashion filed an arbitration demand against his former

Prevailing Party: Landlord Voluntarily Dismissing Complaint Properly Exposed To Fee Recovery Under L.A. Municipal Code Rent Control Fee-Shifting Statute Lower Court’s Denial Of Fees Was Legal Error.

Cases: Prevailing Party

       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

Fee Clause Interpretation, Prevailing Party, Section 1717: There Can Be Two Prevailing Parties For Fee Recovery Purposes

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

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          Stadium Promenade, LLC v. Auld Irisher, Orange, LLC, Case No. G051513 (4th Dist., Div. 3 July 15, 2016) (unpublished) is a case which illustrates that both sides in a case can

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

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