Cases: Prevailing Party

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,

Civil Rights/Prevailing Party: Plaintiff Losing All Claims Based On Causation Jury Finding Cannot Be Prevailing Party Entitled to FEHA Fee Recovery

Cases: Civil Rights, Cases: Prevailing Party

  Lower Court Properly Denied Plaintiff’s Fee Request.      If you lose all of your claims (even in the civil rights area), you likely are not the prevailing party. The appealing plaintiff found that out in Arevalo v. City of Long Beach, Case No. B250345 (2d Dist., Div. 7 Dec. 10, 2014) (unpublished).      There,

Intellectual Property/Prevailing Party/Special Fee Shifting Statute: 4/3 DCA Determines That Penal Code Section 502’s Fee Entitlement Provision Applies to Both “Prevailing” Plaintiffs And Defendants

Cases: Intellectual Property, Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

  Appellate Court Agrees With Trial Court Analysis, Which Departed From Contrary S.D. Cal. Federal Decision.      Plaintiff search engine optimization firm sued defendant marketing firm for breach of contract, prompting defendant to countersue plaintiff (as a cross-defendant) for breach of contract and for a violation of Penal Code section 502 (a computer hacking claim

Prevailing Party/Section 998/Section 1717/Reasonableness Of Fees/Celebrities: $125,000 Fee Award To Landlord Under Section 1717 Affirmed, Rejecting Defense Challenges To 998 Rejection Arguments

Cases: Celebrities, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Section 998

  However, “Prevailing” Landlord Did Not Garner 998 Postoffer Expert Fees or Get More Fees, In Case Implicitly Founded “Over Litigated” By Lower Court—With Landlord Trying To Get $365,000-$387,000 In Fees.      If you have followed us over the years (we thank you for those that have, hoping we have provided some insights, or welcome

Costs/Section 1717/Prevailing Party/Poof!: Former Client Prevailing In Fee Arbitration/Bench Trial Was Prevailing Party, Such That $ 1.16 Million Fee Award Against Client And In Favor Of Former Attorney Reversed As A Matter Of Law

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

  Sears v. Baccaglio Decision Found Not Viable CCP § 1032 “Prevailing Party” Law.      This one is an interesting one under section 1717/CCP § 1032 routine costs jurisprudence.      Here, client at first suffered a default judgment of $86,676.88 in favor of former attorney, but client obtained relief from the default judgment from the

Prevailing Party: 30% Reduction In Requested Fee Recovery Reversed Where City Of Berkeley Obtain Its Main Litigation Objective In Long-Standing Feud With U-Haul

Cases: Prevailing Party

  City Obtained Permanent Injunction Against U-Haul Rental Operations at Particular Site, So It Won!      U-Haul Co. of California v. City of Berkeley, Case No. A136973 et al. (1st Dist., Div. 3 Oct. 7, 2014) (unpublished) is a case where the City of Berkeley decided to revoke U-Haul’s permit to operate a rental facility,

Arbitration/Prevailing Party: Losing Party Never Seeking To Compel Arbitration Had To Bear Big Fee Recovery In Litigation Case Against Prevailing Party

Cases: Arbitration, Cases: Prevailing Party

  $308,383.72 Fee Recovery Affirmed On Appeal.      In Ito v. Ito, Case No. A136513 (1st Dist., Div. 3 Sept. 24, 2014) (unpublished), one party, in an LLC dissolution case, received $461,958 plus title to 3 properties, while second party received $20,092 plus title to one property in litigation with fee-shifting clauses in LLC operating

Allocation/Multiplier/Prevailing Party/Reasonableness Of Fees/Section 1717: $180,648 Contractual Fee Recovery Affirmed In Case Where Plaintiffs Recovered Total Contract/Tort Underlying Award Of $109,000

Cases: Allocation, Cases: Multipliers, Cases: Prevailing Party

  $425,000 Fee Request Plus 1.5 Multiplier Nixed on Appeal.      In Holquin v. Dish Network LLC, Case No. D059983 (4th Dist., Div. 1 Sept. 22, 2014) (published), plaintiffs won a combined economic/noneconomic verdict against DISH Network and others in a satellite T.V. dispute. However, the rub was an attorney’s fees clause in the Residential

Arbitration/Prevailing Party: Earlier Appellate Court Reversal Of Judgment Confirming Arbitration Award Because Party Should Have Not Been Subject To Arbitration Meant No Fee Recovery

Cases: Arbitration, Cases: Prevailing Party

  Successful Party in Arbitration, Suffering Setback on Appeal, Was Not a Prevailing Party.      In Guerra v. Aurora Loan Services, LLC, Case No. H038813 (6th Dist. Sept. 19, 2014) (unpublished), a lower court denied a successful arbitration litigant his fees in connection with an equally successful petition to confirm the arbitration award. The trial

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