Cases: Prevailing Party

POOF!/Prevailing Party/Trade Secrets: Prior Reversal Of Tort Claim Dismissals In Trade Secret Case Meant Attorney’s Fees Award Had To Be Overturned Also

Cases: POOF!, Cases: Prevailing Party, Cases: Trade Secrets

  $1.5 Million Award Went POOF!      Earlier, in Angelica Textile Services, Inc. v. Park, Case No. D063027 (4th Dist., Div. 1 Aug. 19, 2014) (unpublished), the appellate court overturned a lower court dismissal of certain tort claims based on the notion that the Uniform Trade Secrets Act (UTSA), which has a fee-shifting provision if […]

Arbitration/Prevailing Party/Retainer Agreements: Law Firm Winning Malpractice Phase Of Arbitration And Judicial Confirmation Award Proceedings Entitled To Recovery Of Over $2.19 Million In Attorney’s Fees Against Sophisticated Former Client Defenda

Cases: Arbitration, Cases: Prevailing Party, Cases: Retainer Agreements

  Arbitration Fee Clause Broad Enough to Encompass Torts, and Trope Waiver Clause Enforced For Judicial Confirmation Recovery Fees By Law Firm Personnel.      This next 2-1 decision, Quinn Emanuel Urquhart & Sullivan v. Kurtin, Case No. B250245 (2d Dist., Div. 5 Jul. 28, 2014) (unpublished), is an interesting one involving affirmance of an arbitration

Prevailing Party: HOA Attorney Not Entitled To Costs And Fees In Improper Lien Assessment Charge Dispute

Cases: Homeowner Associations, Cases: Prevailing Party

  Other Side Did Obtain a $53,000 Judgment, So Partial Wins and Losses Sustained No Prevailing Party Lower Court Determination.      In Fed. Nat. Mortg. Assn. v. Rothman, Case No. G048156 (4th Dist., Div. 3 Jul. 28, 2014) (unpublished), HOA attorney/litigant filed a costs memorandum and fees motion claiming he was the winning party in

Prevailing Party/Section 1717: Defendants/Cross-Complainants Prevailing In Brokerage Commission Dispute Entitled To Substantial Fee Recovery

Cases: Prevailing Party, Cases: Section 1717

  $520,182.25 Is the Affirmed Fee Award.       In American Diversified Properties, Inc. v. RE/EX Valencia, Inc., Case No. B246501 (2d Dist., Div. 8 July 25, 2014) (unpublished), plaintiff lost a brokerage commission dispute to two co-defendants, with the lower court awarding the defendants (one of which was a cross-complainant) $520,182.25 in fees under a

Prevailing Party/Section 1717: Defense Successfully Asserting Lack Of Standing Entitled To Fee Recovery Against Non-Prevailing Plaintiff Based On Civil Code Section 1717

Cases: Prevailing Party, Cases: Section 1717

  Real Property Service Case Found Dispositive.      After the business deteriorated, a plaintiff under an agreement with a fees clause sued defendant for selling a florist business, raising contract, UCL, fraud, and negligent misrepresentation claims. In Phase I of a court trial, the trier of fact found that the plaintiff lacked standing to sue

Prevailing Party/Sanctions/Section 1717: $60,000 Sanctions Award Against Plaintiffs/Plaintiffs’ Counsel Under CCP § 128.7 Affirmed

Cases: Prevailing Party, Cases: Sanctions, Cases: Section 1717

Additional $60,000 Fee Recovery Against Plaintiffs For Dismissed Tort Claims Also Sustained Based On Breadth Of Fees Clause. ​ Peake v. Underwood, Case No D061267 (4th Dist., Div. 1 June 25, 2014) (partially published) is a great primer on CCP § 128.7 sanctions, on how to properly present such a sanctions request, and on the

Appealability/Prevailing Party/Section 1717: Defense Properly Denied Attorney’s Fees Because She Was Not The Clear Winner

Cases: Appealability, Cases: Prevailing Party, Cases: Section 1717

Easement Dispute Produced Mixed Result, Likely More Pro-Plaintiffs In Nature. ​This one involved a water well easement dispute by adjoining owners, prompting a suit by plaintiffs when defendant locked the pump house and put up a “no trespassing” sign. The lower court ultimately upheld plaintiffs’ right to use of some water from the well, but

Appealability/Prevailing Party: Defense Appealing Only Judgment, But Not Separate Fee Award, Could Challenge Fee Award

Cases: Appealability, Cases: Prevailing Party

  However, Defense Challenges Did Not Prevail On Appeal.      In Polaris Medical Academy, LLC v. Allen, Case No. G045800 (4th Dist., Div. 3 June 24, 2014) (unpublished), plaintiffs won a judgment totaling $450,000 against various defendants, with the judgment stating “Plaintiffs shall recover costs in the amount of $___________ and attorneys’ fees in the

Arbitration/Prevailing Party: Trial And Appellate Fees Incurred In Successfully Opposing Petition For Arbitration Were Premature

Cases: Arbitration, Cases: Prevailing Party

  Merits Were Yet To Be Decided.      Cellphone Termination Fee Cases, Case Nos. A136818 and A138424 (1st Dist., Div. 5 June 24, 2014) (both unpublished) were situations where plaintiff successfully opposing a petition to compel arbitration by Sprint obtained very substantial trial and appellate fees for prevailing at this “interim” stage of the overall

Prevailing Party/Section 1717: $90,000 Fee Award To The Defense For Prevailing On Provisional Receiver/Injunction Requests Reversed Where Plaintiff Voluntarily Dismissed Without Prejudice

Cases: Prevailing Party, Cases: Section 1717

  Dismissal Occurred Before Any Definitive Merits Adjudication—Santisas Governed.      In German American Capital Corp. v. 1495 Pacific Highway, LLC, Case No. D063446 (4th Dist., Div. 1 June 24, 2014) (unpublished), plaintiff sued on some loan documents, asking for appointment of a receiver and judicial foreclosure, among other things, based on deeds of trust containing

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