Cases: Prevailing Party

Prevailing Party, Section 1717: Tenant Prevailed Under Civil Code Section 1717 Based On A Contractual Fees Clause By Defeating Landlord’s Unlawful Detainer Action

Cases: Prevailing Party, Cases: Section 1717

Tenant Proved There Was A Defective 3 Day Notice For Nonpayment, Because Tenant Did Not Contest It Was Claiming Occupancy Of Unleased Areas–$122,855 Was The Fee Award.                 Big Washington LLC v. Superdudes, LLC, Case No. F086483 (5th Dist. Dec. 20, 2024) (unpublished) shows how highly contested unlawful detainer actions can produce a […]

Costs, Prevailing Party: Plaintiff Dismissing Case After Obtaining Nonmonetary Relief Requested During The Litigation May Be The Prevailing Party

Cases: Costs, Cases: Prevailing Party

Lower Court Erred In Not Granting Routine Costs Under Mandatory Prevailing Party Costs Provisions; But, On Remand, It Needed To Determine If Plaintiff Prevailed Under The Discretionary Prevailing Party Costs Provision.                Our title and subtitle above capture what happened in Fillerup v. Franchise Tax Board, Case No. C099158 (3d Dist. Dec. 11, 2024) (unpublished),

Civil Rights, Prevailing Party, Settlement, Special Fee Shifting Statutes: Stipulated Judgment To Enforce Settlement Had Post-Judgment Enforcement Language Carve-Out Allowing For Further Post-Enforcement Attorney’s Fees

Cases: Civil Rights, Cases: Prevailing Party, Cases: Settlement, Cases: Special Fee Shifting Statutes

Also, On Remand, Trial Judge Had To Determine If Plaintiffs Prevailed In Voting Rights Act Case; And, If So, Amount Of Further Fees To Be Awarded.                In Robles v. City of Ontario, Case No. G064119 (4th Dist., Div. 3 Nov. 6, 2024) (published; originally issued unpublished on October 24, 2024), plaintiffs alleged that defendants

Homeowner Associations, Prevailing Party: 4/1 DCA Affirms Prevailing Party Status And $48,229.08 Attorney Fees Award To HOA That Filed Successful Demurrer And Was Dismissed From Action With Prejudice

Cases: Homeowner Associations, Cases: Prevailing Party

HOA Pragmatically Achieved Prevailing Party Status By Achieving Its Litigation Objectives Through Its Successful Demurrer And Dismissal From The Case                 Homeowners alleging their upstairs neighbors had created a nuisance with improperly installed floors filed a lawsuit against their HOA and others in Haidet v. Del Mar Woods Homeowners Assn., Case No. D082923

Prevailing Party, Section 1717: Defendants Winning A Demurrer Dismissal Without Leave Was Contractually Prevailing Party Under Section 1717

Cases: Prevailing Party, Cases: Section 1717

Conspiracy And Unjust Enrichment Claims Fell Within An Operating Agreement Contractual Dispute Ambit.                Many contractual fee disputes depend on whether the claims were “on the contract” under Civil Code section 1717; and if so, who prevailed.  In Zhou v. Hotel Winters, LLC, Case No. C099278 (3d Dist. Aug. 2, 2024) (unpublished), defendants won a

Civil Rights, Prevailing Party: Plaintiff Entitled to Prevailing Party Fees Under The California Voting Rights Act Of 2001

Cases: Civil Rights, Cases: Prevailing Party

Although Unintentional, School District Continued To Defend The Legality Of Its At-Large Elections Even Though Plaintiff Was Able To Show A Violation Of The Act, Obtain An Injunction, And Force Trustee-Area Election Based On Plaintiff’s Proposed Map.                Although the amount of the fee award is not mentioned, the 4/1 DCA affirmed the award in

Homeowner Associations, Prevailing Party: Homeowner Only Achieving Marginal Success, But Not Removing Quorum Requirements Or Board Member Removals, Was Not A Pragmatic Prevailing Party

Cases: Homeowner Associations, Cases: Prevailing Party

Davis-Stirling Act And CC&R Provisions Did Not Require A Fee Award To Homeowner.                In Mays v. Oakview Homeowners Assn., Case Nos. D083707 et al. (4th Dist., Div. 1 June 17, 2024) (unpublished), homeowner received a fairly limited mandate win to direct the HOA to conduct an election to replace board directors whose terms had

Prevailing Party, Special Fee Shifting Statutes: Court Of Appeal Reverses, As A Matter Of Law, Fee Denial To Mobile Home Park Because Voluntary Dismissal By Plaintiff Of MRL Claims Made Mobile Home Park A Prevailing Party

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

On Remand, Reasonableness Of Fees And Allocation On MRL Claims Were The Charge Of The Lower Court.                In Stooksberry v. El Rova Mobile Home Park, LLC, Case No B329202 (2d Dist., Div. 1 May 29, 2024) (unpublished), plaintiff resident dismissed a complaint alleging late payment of rent, fee increases, and other claims arising under

Prevailing Party: Defendant Was The Prevailing Party When Plaintiffs Were Not Awarded Damages Out Of A Requested $667,000 On Contractual Indemnification/Duty To Defend Claims

Cases: Prevailing Party

Plaintiff’s Obtaining A Declaration Of A Limited Duty Of Indemnify And Defense To Two Of Three Underlying Actions Was Eclipsed By Defeat Of Damages Claims And Defendant’s Obtaining Summary Adjudication That The Duty To Indemnity And To Defendant Was Cut Off By A Prior Date For Most Of The Alleged Duties.             We know that

Fee Clause Interpretation, Prevailing Party, Section 1717: Lower Court Erroneously Denied Attorney’s Fees To Plaintiff Who Obtained A Majority Of What She Wanted In A Loan Agreement Case With A Fees Clause Only Covering A Judicial Foreclosure Case

Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Section 1717

Under Civil Code Section 1717, Lack of Recital Saying Contract Was Negotiated/Executed With Counsel Representation Kept The Clause From Applying Narrowly, With The Matter Remanded For Purposes Of Determining If Plaintiff Was The Prevailing Party For Fees Even Though Plaintiff Did Not Pursue Routine Costs Recovery.             In Andrade v. Western Riverside Council of Governments,

Scroll to Top