Cases: Prevailing Party

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      In Ito v. Ito, Case No. A136513 (1st Dist., Div. 3 Sept. 24, 2014) (unpublished), one party, in an LLC dissolution case, received $461,958 plus title to 3 properties, while second party received $20,092 plus title to one property in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 Sept. 19, 2014) (unpublished), a lower court denied a successful arbitration litigant his fees in connection with an equally successful petition to confirm the arbitration award.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

Prevailing Party: Plaintiffs, Whose Damage Recovery Was Outstripped By Defense Appellate Costs Awarded Earlier, Were Not Prevailing Parties Entitled To Fee Recovery

Cases: Prevailing Party

  Goodman v. Lozano Paved the Way on This One.      In Farkas v. 4528 Colbath LLC, Case No. B250440 (2d Dist., Div. 2 Sept. 9, 2014) (unpublished), plaintiffs in a retrial did “net” about $60,000 on a negligence claim (inclusive of one particular plaintiff winning damages on a wrongful eviction claim). However, in an

Deadlines/Prevailing Party/Reasonableness Of Fees: Fee Award To Defendants Affirmed Based On Waiver And Failure To Provide Reporter’s Transcript Of Fee Hearing

Cases: Deadlines, Cases: Prevailing Party, Cases: Reasonableness of Fees

  Where Reasonableness of Fees Involved, RT Is a Likely Necessity; Cost Memo Was Timely Filed.      Pladott v. Blankstein, Case No. B250097 (2d Dist., Div. 5 Sept. 4, 2014) (unpublished) involved a plaintiff “hit” with attorney’s fees and costs by defense, with plaintiff arguing that the existence of a cross-complaint meant the postjudgment orders

Prevailing Party/Section 1717: Plaintiffs Winning Cancellation Of Foreclosure But Losing Case Ultimately Were Properly Denied Fees As Prevailing Party

Cases: Prevailing Party, Cases: Section 1717

  Record Showed Plaintiffs Pursued Other Claims Unsuccessfully, So SJM Against Them Meant Litigation Objectives Not Achieved.      Plaintiffs did win a battle when defendant lender-oriented parties stipulated to stay foreclosure proceedings pending the outcome of the litigation initiated by plaintiffs.      However, plaintiffs lost the merits of the suit based on demurrer and ultimate

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

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