Cases: Prevailing Party

Costs/Landlord-Tenant/Prevailing Party: Tenants In Dismissed Rescission Action Did Win Routine Costs, But Correctly Denied Attorney’s Fees

Cases: Costs, Cases: Landlord/Tenant, Cases: Prevailing Party

       Ron Sheng, Inc. v. Li, Case No. B239682 (2d Dist., Div. 7 Feb. 19, 2013) (unpublished) is a wild landlord-tenant dispute where landlord settled with tenants and tenants won a $200,760 fee award pursuant to an arbitration which was eventually sustained on appeal. However, landlord brought a rescission action claiming that the settlement […]

Allocation/Prevailing Party: Defendant Prevailing In One Action Granted Fees, But Not Fees Incurred In Prior Declaratory Relief Action

Cases: Allocation, Cases: Prevailing Party

       Our local appellate court in Sampson v. The Richardson Group, Case No. G046234 (4th Dist., Div. 3 Jan. 30, 2013) (unpublished) (3-0; author: A.P.J. Rylaarsdam) affirmed a determination that a contractor on a county construction project prevailed against subcontractor when judgment was entered against subcontractor, even though that party obtained some partial success

Prevailing Party/Section 1717: $52,661 Contractual Fee Award To Defendant/Cross-Complainant Reversed Because No Side “Prevailed”

Cases: Prevailing Party, Cases: Section 1717

  Plaintiff Received Minimal Security Deposit Award/Defendant Received One-Tenth Of Request–Result: No Unqualified Win.      During this month of December 2012, we have seen a “swell” in intermediate appellate cases deciding whether a party prevailed for purposes of recovering fees under Civil Code section 1717 (applicable to contractual fee clauses). Here is another one to

Equity/Prevailing Party: Trial Court’s Failure To Specify Fee Entitlement Basis Required Remand Of Fee Award

Cases: Equity, Cases: Prevailing Party

  Not Clear If Fee Award Based on Partition Claim or Not.      In a tenant-in-common apartment building dispute (complete with a partition claim), a plaintiff appealed a lower court determination that defendants were entitled to fees of $6,087, arguing there was no clear identification of the statutory basis for the fee award.      That

Prevailing Party: Trial Court Did Not Err In Finding Neither Party Prevailed In HOA Driveway Characterization/Slander Of Title Dispute

Cases: Homeowner Associations, Cases: Prevailing Party, Cases: Standard of Review

       In Mankowski v La Cumbre Owners Assn., Inc., Case No. B236025 (2d Dist., Div. 6 Nov. 13, 2012) (unpublished), plaintiff townhouse owner was apparently really mad that the trial court found no one prevailed in her slander of title/declaratory relief action over the characterization of a driveway after her sister contributed to her

POOF!/Prevailing Party: Partial Reversal Of Result In Landscape Easement Agreement Dispute Means $146,000 Fees/Costs Award Goes POOF!

Cases: POOF!, Cases: Prevailing Party

  On Remand, Reversal Might Mean that No One Prevailed or Even Other Side Prevailed.      Where one side prevails across the board and obtains a fees/costs award, reversal on an important issue will usually overturn the entire award because the prevailing party determination might be different–either no side prevailed or even the original loser

Arbitration/Fee Clause Interpretation/Prevailing Party: Dismissed Arbitration Still Meant Litigant Prevailed, Santisas Notwithstanding

Cases: Arbitration, Cases: Fee Clause Interpretation, Cases: Prevailing Party

  Party Getting Dismissed Arbitration Proceeding Entitled to Fees.      Lakeside Club Villas, Inc. v. LB Property Mgt., Inc., Case No. B236001 (2d Dist., Div. 5 Oct. 16, 2012) (unpublished) is an interesting case showing how the breadth of a fees clause awarding fees/costs in an arbitration will garner a litigant a fee recovery, even

Prevailing Party/Special Fee Shifting Statute: Fee Denial To Attorney In Contempt Proceeding Reversed And Remanded To Determine Existence of Attorney-Client Relationship Giving Rise to Fee Recovery

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

  First Aftermath of Published Rickley v. Goodfriend Decision      On July 30, 2012, we posted on Rickley v. Goodfriend, 207 Cal.App.4th 1528 (2012) (Rickley I), which reversed  a fee denial reversed, based on CCP § 1218 which does allow contempt proceeding fee-shifting in the right circumstances. The matter was remanded, however, to determine if

Prevailing Party: Second District, Division 1 Adopts Bright-Line Test That “Of Counsel” Attorney Successfully Representing Firm Not Entitled To Recoup Fees For Firm Under Trope Prohibition

Cases: Prevailing Party

  Close of Relationship Between Firm and “Of Counsel” Found Dispositive.      Presiding Justice Mallano, on behalf of a 3-0 panel of the Second District, Division 1, adopted a bright-line test in Sands & Associates v. Juknavorian, Case No. B232686 (2d Dist., Div. 1 Oct. 10, 2012) (published). The appellate court decided that a firm

Prevailing Party: Plaintiff Defeating Cross-Complaint Via Summary Judgment Entitled To Attorney’s Fees Award As Prevailing Party Even Though Its Complaint Against Defendant Not Resolved But Reclassified As Limited Civil Action

Cases: Prevailing Party

  $56,100 Fee Award Affirmed In Dispute Over $10,171.26 Receivable Based on Fees Clause in Parties’ Contract.      Food Safety Net Services v. Eco Safe Systems, USA, Inc., Case No. B231667 (2d Dist., Div. 4 Oct. 4, 2012) (published) goes to show you how even minor disputes can produce exponentially greater fee awards for the

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