Cases: Prevailing Party

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 Apr. 12, 2016) (unpublished) involved a situation where plaintiffs dismissing a state court action […]

Prevailing Party/Section 1717: Refusal To Award Attorney’s Fees Reversed Because 1717 Prevailing Party Determination Is Confined To Success On Contractual Causes Of Action

Cases: Prevailing Party, Cases: Section 1717

  Considering Mixed Results On Noncontractual Claims Was Error.     Justice Thompson, author of a 3-0 panel opinion in Sadr v. Sabet, Case No. G050493 (4th Dist., Div. 3 Apr. 5, 2016) (unpublished), provides us with an important nuance in cases where attorney’s fees awards are governed by Civil Code section 1717:  the prevailing party

Costs/Prevailing Party: Plaintiff Voluntarily Dismissing Action After Receiving Payment Of Settlement Money Is Prevailing Party For Routine Costs Under CCP § 1032(a)(4)

Cases: Costs, Cases: Prevailing Party

  Defendant Did Not Prevail, For Routine Costs Purposes, By Obtaining Dismissal In This Situation.      The California Supreme Court, in DeSaulles v. Community Hospital of the Monterey Peninsula, Case No. S219236 (Cal. Supreme Court Mar. 10, 2016) (published), decided that a voluntarily dismissing plaintiff who received settlement money from the defendant was a prevailing

Prevailing Party/Reasonableness Of Fees/Section 1717: $396,031 Fee Award In Contentious Lease Dispute Affirmed On Appeal

Cases: Prevailing Party, Cases: Reasonableness of Fees

  Party Awarded Fees Prevailed, Plus Block Billing No Obstacle Where Apportionment Not Required.     In Kern Water Bank Authority v. Grayson Service, Inc., Case Nos. F069806/F070549 (5th Dist. Feb. 3, 2016) (unpublished), litigant in a contentious lease dispute recovered $396,031 out of a requested $566,930.  The Court of Appeal affirmed.  It found that the

Allocation, Prevailing Party, Substantiation Of Reasonableness Of Fees: $390,000 Fee Award To Prevailing Defendants, Some Of Whom Were Alleged To Unsuccessfully Be Alter Egos, Is Affirmed On Appeal

Cases: Allocation, Cases: Prevailing Party, Cases: Substantiation of Reasonableness of Fees

  Fee Substantiation Issues Do Not Preclude An Award Of Fees To Prevailing Parties.     In Asphalt Professionals, Inc. v. Emaron Homes, LLC, Case No. B261674 (2d Dist., Div. 6 Jan. 20, 2016) (unpublished), plaintiff lost a case against certain defendants (some of whom were sued as alter egos) under a construction contract with a

POOF!/Prevailing Party: $1.8 Million Interest, Costs, and Fee Award Goes POOF! When Appellate Court Trims Compensatory Award From $1.1 Million To $117,050

Cases: POOF!, Cases: Prevailing Party

  Prevailing Party Status Had To Be Redetermined After Reversal.     Hot Rods, LLC v. Northrop Grumman Systems Corp., Case No. G049953 (4th Dist., Div. 3 Dec. 7, 2015) (published) shows how appellate practice is not for the faint of heart.  The reviewing court will review the case for legal errors and will reverse based

POOF!/Prevailing Party: Winning Party In “Botched” Sale Of Advertising Sign Dispute Sees $369,284 Fee/Costs Award Go Away With Reversal Of Certain Tort Claims

Cases: POOF!, Cases: Prevailing Party

  $20,000 “Botched” Sale Resulted In Lots Of Damages And Fees, With A “Re-do” Based Upon Partial Reversals of Compensatory and Punitive Awards.      You gotta love how appellate courts can summarize disputes. Take Young Electric Sign Co. v. PC Dixon 1, LLC, Case No. C072212 (3d Dist. Oct. 28, 2015) (unpublished), modified Nov. 30,

Equities, Homeowner Association, Prevailing Party: Fee Recovery Against Two Voluntarily Dismissing Plaintiffs, Where Other Plaintiffs Still Fighting, Was Abuse Of Discretion Under The Circumstances

Cases: Equity, Cases: Homeowner Associations, Cases: Prevailing Party

  $156,614.47 Fee Recovery Went POOF! On Appeal.     Wasserman v. Ketelhut, Case No. B258642 (2d Dist., Div. 6 Dec. 1, 2015) (unpublished) is an interesting common interest development case where multiple plaintiffs were fighting defendants over various CC&R governing document claims about defendants operating a vineyard which encroached on certain CID common areas.  (BLOG

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