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 […]
In Mankowski v La Cumbre Owners Assn., Inc., Case No. B236025 (2d Dist., Div. 6 Nov. 13, 2012) (unpublished), plaintiff townhouse owner was apparently really mad that the trial court found no one prevailed in her slander of title/declaratory relief action over the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
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
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 Lakeside Club Villas, Inc. v. LB Property Mgt., Inc., Case No. B236001 (2d Dist., Div. 5 Oct. 16, 2012) (unpublished) is an interesting case showing how the breadth of a fees clause awarding fees/costs in an arbitration will garner a litigant a fee recovery, even
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
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
$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
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,
Timeliness, Nonsignatory, Prevailing Party, and Reasonableness Arguments All Rejected on Appeal. Jones v. Ju, Case No. E053266 (4th Dist., Div. 2 Sept. 7, 2012) (unpublished) involved a real property successor owner who knew about a reciprocal easements agreement but forced one of the adjoining owners to get a declaratory relief judgment on its
Government Code Section 800 Cap Does Not Apply to Section 1611.6 Awards. Acting Presiding Justice Moore, in a 3-0 decision in Villa San Clemente LLC v. County of Orange, Case No. G04984 (4th Dist., Div. 3 Sept. 4, 2012) (unpublished), dealt with a $70,806.71 attorney’s fees award under Revenue and Taxation Code section
