Cases: Prevailing Party

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  This Is An Update For Our December 20, 2014 Post On An Unpublished Appellate Decision.     On December 30, 2014, we posted on Paletz v. Adaya, a Second District, Division 3 unpublished decision affirming most of a substantial attorney’s fees award of $2.1 million in favor of plaintiffs, except for a minor reallocation issue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facts we see on appeal,” the appellate court in Chapman v. Bollard, Case No. G049579 (4th Dist., Div. 3 Aug. 11, 2015) (unpublished) confronted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

Costs, Prevailing Party, Section 1717: Plaintiff Tenants Obtaining CAM Credits And Monetary Settlement Were Prevailing Parties

Cases: Costs, Cases: Prevailing Party, Cases: Section 1717

  They Did Get $76,000 In Fees And $16,961 In Costs, But Not Anything More—Plaintiffs’ Behavior In Settlement Negotiations Found To Be Irrelevant For Fixing 1717 Fees.      Some of the gnarly cases involve those where there is no “unqualified winner” under Civil Code section 1717 as far as fees (although a winner for routine

Prevailing Party: Parties In Easement/Damages Dispute Had To Bear Own Fees—No One Prevailed

Cases: Prevailing Party

  “Wash” Sentiment Of Lower Court Endorsed By Appellate Court On Review.      It’s a wash. Louise Rosskam, photographer.  July 1940.  Library of Congress.      In Yee v. Richance HB, LLC, Case No. G049598 (4th Dist., Div. 3 June 29, 2015) (unpublished), plaintiff/cross-defendant and defendant/cross-complainant got into a real estate dispute over easement rights. The

Costs, Deeds Of Trust, Fee Clause Interpretation, Prevailing Party, Section 1717: Deed Of Trust Trustee Did Prevail Under Civil Code Section 1717 Where It Defensed Tort Claims And It Took Neutral Position On Contractual Claim Under Broadly Worded Fees Cla

Cases: Costs, Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: POOF!, Cases: Prevailing Party, Cases: Section 1717

  POOF!:  Award of Fees/Costs To Plaintiff Reversed, With Remand To Award Fees/Costs To Prevailing Trustee.      Torigian v. WT Capital Lender Services, Case No. F068393 (5th Dist. June 24, 2015) (unpublished) is an interesting unpublished decision, authored by Acting Presiding Justice Cornell, where a neutral trustee under a deed of trust was found to

Homeowner Associations, Prevailing Party: Plaintiff Neighbor Successfully Suing For Coronado Cays CC&R Violations In Replacement Dock Construction Garners $104,718.80 In Attorney’s Fees/Costs

Cases: Homeowner Associations, Cases: Prevailing Party

  Plaintiff Prevailed On Practical Level, Although Trial Judge Found It “Was Close.”     This next one recalls to mind the quote “close only counts in horseshoes and hand grenades.”          Although finding the prevailing party issue to be closed, the prevailing party prevailed enough to garner $104,718.80 in attorney’s fees and additional costs in

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