Cases: Prevailing Party

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facts we see on appeal,” the appellate court in Chapman v. Bollard, Case No. G049579 (4th Dist., Div. 3 Aug. 11, 2015) (unpublished) confronted […]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 July 28, 2015) (unpublished), borrower defaulted on bank loans after 7 extensions over a two- year period.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 July 21, 2015) (unpublished) involved a situation where a general contractor for a skate project in Riverbank won a prior trial, with City being held responsible for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

Multiplier, Prevailing Party, Private Attorney General, Settlement, Special Fee Shifting Statute, Substantiation: Three Unpublished “Power Ball” Decisions Synopsized

Cases: Multipliers, Cases: Prevailing Party, Cases: Private Attorney General (CCP 1021.5), Cases: Settlement, Cases: Special Fee Shifting Statutes, Cases: Substantiation of Reasonableness of Fees

  Dept. of Parks and Recreation v. Schoendorf, Case No. H039321 (6th Dist. May 26, 2015) (unpublished).    In this one, an appellate court denied $300,000 in attorney’s fees against the State under a settlement agreement where “reasonable diligence” governed the fee entitlement.  Given that the prevailing party determination was discretionary under this clause and

Costs, Employment, Prevailing Party: LLC Defendant Obtaining Dismissal Entitled To Fee Recovery Under Former Labor Code Section 218.5 And Routine Costs In Employment Case Involving Meal Breaks

Cases: Costs, Cases: Employment, Cases: Prevailing Party

  Current Section 218.5, Requiring Bad Faith By Employee, Not Retroactive Before January 1, 2014.      In Quiles v. Koji’s Japan Inc., Case No. G049238 (4th Dist., Div. 3   April 3, 2015) (unpublished), employee in an employment case, involving multiple claims including meal breaks, added LLC defendant on an alter ego theory. Eventually, LLC defendant

Prevailing Party: Plaintiff Obtaining Reversal Of Case Dismissal Not Entitled To Attorney’s Fees Until Remaining Claims Await Trial For Purposes Of Determining “Victor”

Cases: Prevailing Party

  Fee Request Was Premature; Appellate Court Refused To Find Equitable Fee Entitlement Basis.      Plaintiffs obtained reversal of a case dismissal when the appellate court determined some claims survived, being awarded costs on appeal. However, as we have seen from prior post, costs on appeal does not mean fees are necessarily awarded for the

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