Cases: Prevailing Party

Civil Rights, Discovery, Prevailing Party: Disabled Plaintiff Dismissing Suit, Where Defendant Eliminated Architectural Barrier After Filing Suit, Was Properly Not Exposed To Fee Recovery Under California Disabled Persons Act Fee-Shifting Provision

Cases: Civil Rights, Cases: Discovery, Cases: Prevailing Party

  No One Prevailed in This Case, Both Trial and Appellate Courts Agreed, Under The Facts—But Prior Discovery Sanctions Award Did Survive.      The California Disabled Persons Act (Civ. Code, § 54 et seq.) [DPA] does have a reciprocal fee-shifting provision in favor of a “prevailing party.” (Unlike the American with Disabilities Act [ADA], which […]

Special Fee Shifting Statute, Prevailing Party: Individual Defendant Having Prior Property In Public Nuisance Case Properly Denied Fees/Costs Recovery

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

  Fee Entitlement Not Present; Normal Routine Prevailing Party Costs Definition Did Not Apply Based On A Pragmatic Inquiry.      In City of Ridgecrest v. Howard, Case No. F068679 (5th Dist. Mar. 5, 2015) (unpublished), defendants were ordered to abate a public nuisance on properties having alleged dilapidated equipment and other items. However, one defendant

Consumer Statutes, Prevailing Party, Private Attorney General: Plaintiff Losing Unfair Competition Law and Consumer Legal Remedies Act Claims Properly Denied Fee Request Of $337,443

Cases: Consumer Statutes, Cases: Prevailing Party, Cases: Private Attorney General (CCP 1021.5)

  Plaintiff Was Not Successful and Defendant Fixed Problem Based on CLRA Pre-Suit Notice.      In Boling v. DTG Operations, Inc., Case No. G049360 (4th Dist., Div. 3 Mar. 2, 2015) (unpublished), plaintiff sued under the Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA) to recover damages for a small discrepancy between a

Prevailing Party, Section 1717: Fee Clause Language Allowing Isolated Fee Recovery On Appellate Win Is Trumped By Section 1717’s Overall Prevailing Party Mandate

Cases: Prevailing Party, Cases: Section 1717

  Sixth District Rejects Notion that CCP § 1021 Prevails Over Civil Code § 1717.      This next case is interesting given that we have posted on some California unpublished decisions suggesting that fee entitlement is not at issue in Civil Code section 1717, with the provision only governing fairness and treatment of unilateral fee

Prevailing Party, Special Fee Shifting Statute: Reversal Of Statutory Violation Award Under Health & Safety Code Statute Meant Attorney’s Fees Award Had To Be Revisited

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

  Degree of Success Was Key, Where Plaintiff Went From Obtaining $270,000 To Only $500.      Lemaire v. Covenant Care California, LLC, Case No. B248672 (2d Dist., Div. 6 Feb. 23, 2015) (published) is a situation where plaintiff won $270,000 in statutory damages for the defense failure to maintain complete and accurate medical records at

Intellectual Property, Prevailing Party: $1,518,687.94 In Fees Against Three Losing Defendants Justified In Lanham Act False Endorsement Case Involving Bob Marley’s Image

Cases: Intellectual Property, Cases: Prevailing Party

  Base Award Against Prevailing Plaintiffs Was $648,543.00.      The Ninth Circuit in Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc., Case No. 12-17502 (9th Cir. Feb. 20, 2015) (published) affirmed, in a 2-1 decision, the merits of compensatory/lost profit awards against five defendants in a Lanham Act false endorsement suit brought by two plaintiffs

Consumer Statutes, Costs, Prevailing Party, Section 998: Car Plaintiff In Song-Beverly/Magnuson-Moss Dispute Properly Denied Fees But Entitled To Costs

Cases: Consumer Statutes, Cases: Costs, Cases: Prevailing Party, Cases: Section 998

  Car Manufacturer Defendant Prevailed For Fees, But Might Be Liable For Some Routine Costs.      Actually, we can say that counsel for Mercedes-Benz in this case made some good moves as far as mitigating fee/costs exposure. M-B was embroiled in a gripe from a car owner about excessive multiple repairs. Car owner sued, but

Prevailing Party/Section 1717: $35,438 Fee Award Under Settlement Agreement Fees Clause Affirmed In Favor Of City Of La Verne

Cases: Prevailing Party, Cases: Section 1717

  City Did Obtain Its Litigation Objectives As To Noncompliance With Garage Conversion Arrangement.      In 2007, City of La Verne and defendants/owners of a residential property settled an ongoing lawsuit through a written settlement agreement by which the defendants agreed to convert an apartment on their property back into a garage within nine months

Appealability/Arbitration/Prevailing Party: Defendants/Winning Parties Entitled To Renew Court Action Fee Request After Voluntarily Dismissal Of Court Action Occurred Following Denial Of Provisional Relief And Submission Of Arbitration Hearing

Cases: Appealability, Cases: Arbitration, Cases: Prevailing Party

  Denial Of Fees Would Ignore Realities of “Dual Track” Arbitration/Court Realities Of Modern Litigation.      Mesa Shopping Center-East, LLC v. O Hill, Case No. G049205 (4th Dist., Div. 3 Dec. 23, 2014) (published) is an interesting case involving the propriety of Civil Code section 1717 court fees where there is a “dual track” case,

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