Cases: Prevailing Party

Appealability/Prevailing Party: Failure To Include Answer To Complaint And Opposition To Fee Motion Presented Inadequate Appellate Record To Review Fee Challenges

Cases: Appealability, Cases: Prevailing Party

  Also, Plaintiff Only Obtained a “Mixed” Win Rather Than An “Unqualified” One.      In Chan v. Lo, Case No. B239783 (2d Dist., Div. 5 July 9, 2013) (unpublished), plaintiff obtained some relief (with the court determining she owed less than the face amount of a promissory note), but still was found to owe note […]

Arbitration/Prevailing Party: Because Motion To Compel Arbitration In Pending Lawsuit Is Not An “Action” Under Civil Code Section 1717, Attorney’s Fees Award To Successful Compelling Party Was Premature

Cases: Arbitration, Cases: Prevailing Party

  Second District, Division One Disagrees With Contrary Conclusion Reached by First District, Division Two in Kors.      After plaintiffs filed a lawsuit against their former attorneys, those attorneys successfully moved to compel arbitration in the pending lawsuit, with the lower court also awarding them $67,930.50 in attorney’s fees as the prevailing party in the

Prevailing Party: Dismissal Of Entire Contractual Cause Of Action, Including Individual Counts Within A Cause Of Action, Meant No Fee Recovery Before Adjudication On The Merits

Cases: Prevailing Party

       Tiso v. Stier, Case No. D060061 (4th Dist., Div. 1 June 20, 2013) (unpublished) involved a pre-trial, formal dismissal of a reformation count where a Civil Code section 1717 fee clause was potentially in play. The appellate court, in reversing a fee award, determined that the dismissal of the reformation cause of action,

Damages/Deadlines/Equity/Prevailing Parties: Dueling Prevailing Parties Remain That Way After Appeal

Cases: Deadlines, Cases: Equity, Cases: Fees as Damages, Cases: Prevailing Party

  Remand to Determine if Offseting is Appropriate; Each Note Claim Judged on its Own.      Williams v. Meyer, Case No. B243491 (2d Dist., Div. 6 June 4, 2013) (unpublished) involved a debtor plaintiff/cross-defendant and creditor defendant/cross-complainant having dueling claims on two notes delivered in favor of defendant and secured by plaintiff’s house (with fees

Arbitration/Lodestar/Prevailing Party: Client Winning Fee Arbitration With “No More Payments Due” Did Prevail And Was Entitled To Post-Arbitration Confirmation/Vacation Fees Of $21,125

Cases: Arbitration, Cases: Lodestar, Cases: Prevailing Party

  Trial Court Did Not Err in Awarding A Higher Hourly Rate to Attorney Providing Postarbitration Services for Prevailing Client.      In Fuchs & Associates, Inc. v. Lesso, Case No. B241384 (2d Dist., Div. 2 May 29, 2013) (unpublished), former attorneys sued client to collect a claimed additional $647,688 in unpaid fees under a retainer

Prevailing Party/Section 1717/Substantiation Of Fees/Allocation/Reasonableness Of Fees: Tobacco I Case Now Certified For Publication

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

"Alex," prize German police dog and pet of Miss Ailsa Mellon, daughter of Treas. smokes cigarettes n’everything. Alex’s father is the $12,000 prize police dog "Wolfe".  1924.  Library of Congress.       In our April 27, 2013 post, we explored Tobacco I, an April 23 unpublished decision out of the Fourth District, Division 1 dealing with

Consumer Statutes/Prevailing Party: U.S. California District Judge Denies Fees To Either Side In Contentious Disability Prevailing Party Dispute

Cases: Consumer Statutes, Cases: Prevailing Party

    No One Prevailed, He Ultimately Ruled.        Well, U.S. District Judge Edward Davila (N.D. Cal.) had his hands full in dueling fee petitions brought by a disabled plaintiff class action representative Donald Cullen and Netflix, Inc. after the federal district judge dismissed the plaintiff’s third amended complaint with prejudice. However, plaintiff claimed

Arbitration/Prevailing Party: Arbitration Claimants Prevailing On Appeal Entitled To An Award Of Appellate Fees And Costs

Cases: Arbitration, Cases: Prevailing Party

  $50,000 Arbitration Fee Award Likely Will Get Increased on Remand.      In American State University v. Kiemm, Case No. B242766 (2d Dist., Div. 5 Apr. 29, 2013) (unpublished), plaintiffs prevailed in a contractually-mandated arbitration, winning an arbitration award of $900,000 in compensatory damages, $500,000 in punitive damages, and $50,000 in attorney’s fees in a

Prevailing Party/Section 1717/Substantiation Of Fees/Apportionment/Reasonableness Of Fees: People Of The State Of California Get $2.944 Million Fee Recovery In Tobacco Cases I Affirmed On Appeal

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

     Cigarette ad, Times Square.  Feb. 1943.  John Vachon, photographer.  LOC.      Although this case has quite a storied history, In re Tobacco Cases I, Case Nos. D061077/D061676 (4th Dist., Div. 1 Apr. 26, 2013) (unpublished) looks like it may be finally finished, thanks to this decision.      What happened is this, in brief. People,

Scroll to Top