Cases: Prevailing Party

Fee Clause Interpretation/Prevailing Party: Plaintiff Winning $25,522.38 Contractual/Noncontract Claim Dispute With Fees Clause Reaps $55,911 In Fees/Costs

Cases: Fee Clause Interpretation, Cases: Prevailing Party

  Failure to Provide Reporter’s Transcript Forfeited Challenge, But Fee Clause Was Broad Enough To Encompass Contract/Noncontract Claims.     Plaintiff agreed to install electrical distribution service to defendant’s winery facility, with plaintiff suing on both contract/noncontract claims for defendant’s alleged failure to pay.  Plaintiff sought $43,000 on his claims, while the defense argued only $18,000 […]

Prevailing Party: Real Estate Sales Agent Losing Commission Dispute Was Subject To Fee Recovery Under Contract Clause

Cases: Prevailing Party

  Affirmance of Commission Merits Dispute Meant Fee Award Sustained Against Real Estate Agent.      In Aliev v. Courtney, Case No. D064239 (4th Dist., Div. 1 Nov. 24, 2015) (unpublished), plaintiff real estate purchaser challenged a commission paid to defendant salesperson, who eventually had to admit on appeal that neither he nor the brokerage company

Arbitration, Prevailing Party, Section 1717: Litigant Striking Fee Award From Arbitration Award, Although Losing On The Merits, Was Not Prevailing Party For Fee Recovery Purposes

Cases: Arbitration, Cases: Prevailing Party, Cases: Section 1717

  Striking Fees Was Not Discrete Proceeding Allowing For Recovery.      In Cooper v. Lavely & Singer, Case No. B261936 (2d Dist., Div. 4 Oct. 22, 2015) (unpublished), L&S won the merits of an arbitration case, but Cooper was successful in striking an arbitrator fee award in post-confirmation proceedings although the rest of the merits

Costs, Prevailing Party, Section 1717, Substantiation: $107,450 Fee And $22,318.45 Cost Awards In Favor Of Prevailing Plaintiff In Rescission Suit Affirmed

Cases: Costs, Cases: Prevailing Party, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

  Routine Costs Do Include Privately Retained Reporters Who Transcribe Court Hearings.      In Kim v. Park, Case No. A139056 (1st Dist., Div. 3 Oct. 23, 2015) (unpublished), plaintiff was awarded $107,450 in fees and $22,318.45 in costs after obtaining rescission of a purchase of a business, with the fees being awarded based on a

Prevailing Party: Fee Recovery Under “Dueling” Fee-Shifting Statutes Can Allow For Offsetting Analysis As Far As Ultimate Attorney’s Fees Award

Cases: Prevailing Party

  Net Fee Award To Plaintiff Was $3,709.19, Because She Won (Getting Fees) and Employer Won (Getting Fees).     Sharif v. Mehusa, Inc., Case No. B255578 (2d Dist., Div. 5 Oct. 14, 2015) (partially published) is an interesting decision which recognizes two things:  (1) fee recovery can be determined after offsetting “dueling” fee-shifting statutes; and

Construction/Prevailing Party: Prompt Payment Statutes Do Allow Trial Court With Discretion To Determine If Any Party Actually “Prevailed”

Cases: Construction, Cases: Prevailing Party

  Although Fees Are Mandatory, Prevailing Party Determination Is Threshold Call For Trial Judge Under Prompt Payment Statutes.      James L. Harris Printing & Decorating, Inc. v. West Bay Builders, Inc., Case No. C072169 (3d Dist. Aug. 27, 2015) (published) was dealing with fee-shifting provisions in some prompt payment statutes, specifically, Business and Professions Code

Allocation, Prevailing Party: Plaintiffs In Anti-Semitic Hotel Exclusion Case Get More Attorney’s Fees On Remand And For Appellate Win

Cases: Allocation, Cases: Prevailing Party

  This Is An Update For Our December 20, 2014 Post On An Unpublished Appellate Decision.     On December 30, 2014, we posted on Paletz v. Adaya, a Second District, Division 3 unpublished decision affirming most of a substantial attorney’s fees award of $2.1 million in favor of plaintiffs, except for a minor reallocation issue

Arbitration/Prevailing Party: “Dog The Bounty Hunter” Loses Legal Malpractice Arbitration Claims To Former Attorneys, Who Recover Cross-Claims And Prevailing Party Attorney’s Fees Also

Cases: Arbitration, Cases: Prevailing Party

  Fees On Legal Malpractice For Former Attorneys Are $659,047 And Cross-Claims Recovery Is $227,420.     In a case where “[t]he facts underlying this appeal are much more interesting than most facts we see on appeal,” the appellate court in Chapman v. Bollard, Case No. G049579 (4th Dist., Div. 3 Aug. 11, 2015) (unpublished) confronted

Prevailing Party: Bank Prevailing On Judicial Foreclosure Complaint On Summary Judgment Entitled To Additional Fees Through Motion Close To Time Appeal Was Filed

Cases: Prevailing Party

  Appeal Did Not Stay Anything, And Cross-Complaint Did Not Matter.     In Mother Lode Bank v. Sloan, Case No. F068840 (5th Dist. July 28, 2015) (unpublished), borrower defaulted on bank loans after 7 extensions over a two- year period.  Bank won a summary judgment on its judicial foreclosure complaint, being awarded some attorney’s fees

Allocation, Prevailing Party, Substantiation Of Fees: Looks Like Prevailing General Contractor Garnered Over $403,000 In Attorney’s Fees/Expenses For Obtaining Compensatory Damages Of Around $141,467.21

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

  Trial Court Did Not Abuse Discretion In Fee Award On Remand From Prior Appeal.     Barham Construction, Inc. v. City of Riverbank, Case Nos. F068373/F068914 (5th Dist. July 21, 2015) (unpublished) involved a situation where a general contractor for a skate project in Riverbank won a prior trial, with City being held responsible for

Scroll to Top