Cases: Prevailing Party

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      Our local appellate court in Sampson v. The Richardson Group, Case No. G046234 (4th Dist., Div. 3 Jan. 30, 2013) (unpublished) (3-0; author: A.P.J. Rylaarsdam) affirmed a determination that a contractor on a county construction project prevailed against subcontractor when judgment was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       In Mankowski v La Cumbre Owners Assn., Inc., Case No. B236025 (2d Dist., Div. 6 Nov. 13, 2012) (unpublished), plaintiff townhouse owner was apparently really mad that the trial court found no one prevailed in her slander of title/declaratory relief action over the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

Prevailing Party: Defendant In State Court Obtaining Dismissal Of Action Due to Exclusive Federal Court Jurisdiction Entitled To Civil Code Section 1717 Attorney’s Fees As Prevailing Party

Cases: Prevailing Party, Cases: Section 1717

  Second District Finds Profits Concepts and PNEC Better Reasoned Than Drummond; Federal Court Denial Of Fees Based On No Contract With Fees Clause Did Not Require Different Result.      Interesting procedural issues were at the forefront in Kandy Kiss of California, Inc. v. Tex-Ellent, Inc., Case No. B234541 (2d Dist., Div. 8 Sept. 21,

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