Cases: Prevailing Party

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,

Employment, Fee Clause Interpretation, Prevailing Party, Settlement, Special Fee Shifting Statutes: Denial Of Labor Code Section 1194 Attorney Fees To Plaintiffs Who Incurred Post-Settlement Fees After Employer Breached The Settlement Agreement Reversed

Cases: Employment, Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Settlement, Cases: Special Fee Shifting Statutes

Because The Fees Provision In The Parties’ Settlement Agreement Did Not Address Fees Incurred Post-Settlement, Plaintiffs Were Entitled To Recovery Under Section 1194, But Only As To Fees Incurred In Conducting Discovery And Litigating To Trial, Not In Enforcing The Settlement Agreement.             In Lorta v. Bishop, Case No. G062166 (4th Dist., Div. 3

Equity, Prevailing Party: $54,914.25 Fee Award For Replacement Referee Interim Victory Was Premature

Cases: Equity, Cases: Prevailing Party

Based On Unique Circumstances Of The Litigation, Fee Request Was Premature Until The Overall Merits Were Decided.             Equity does factor in attorney’s fees awards, as Hot Rods, LLC v. Northrop Grumman Systems Corp., Case No. G061449 (4th Dist., Div. 3 Jan. 25, 2024) (unpublished) makes clear.             This contentious litigation between the parties involved

Prevailing Party, Probate: $61,557 Fee Award To Removed Trustee For His Attorney’s Work On Trust Petition Affirmed On Appeal

Cases: Prevailing Party, Cases: Probate

Trustee and Challenging Beneficiaries Got Mixed Results, So Trustee Entitled To Fees, Inclusive Of “Fees On Fees.”             In Farnocchia v. Harms, Case No. A164639 (1st Dist., Div. 1 Nov. 29, 2023) (unpublished), two beneficiaries of a trust filed a petition to remove Harms as trustee, for an accounting, and for breach of fiduciary duty. 

Prevailing Party: Where Defendants Prevailed On Dispositive Motions In Limine And Motion For Judgment On The Pleadings, Dismissal Without Prejudice By Plaintiffs Did Not End The Ability For Any Party To Seek Prevailing Party Fees

Cases: Prevailing Party

Case Involved The Claim That Individual Defendants Were Guarantors Under A Lease.             In Canales v. Superior Court, Case Nos. B321796 et al. (2d Dist., Div. 4 Nov. 16, 2023) (unpublished), on the day of trial, the lower court indicated tentative decisions to grant the defense motions in limine and its own sua sponte motion

Fee Clause Interpretation, Prevailing Party: Where Plaintiff Under An Ejectment Claim Obtained Possession Before Voluntarily Dismissing Complaint, Defendants Could Not Be The Prevailing Parties

Cases: Fee Clause Interpretation, Cases: Prevailing Party

Interpretation Of The Lease Language Led To That Result.              In A & N Industrial Properties, LLC v. Bart & Judy’s Bakery, Inc., Case No. B322730 (2d Dist., Div. 4 Nov. 13, 2023) (unpublished), plaintiff landlord sued a delinquent holdover tenant for breach of contract, common counts, breach of guaranty, and ejectment under a lease

Lodestar, Prevailing Party: Reversal Of Judgment For Cross-Complainant And Increased Recovery For Plaintiffs Made Plaintiffs The Prevailing Party So A Fee Order Remand Was Necessary

Cases: Lodestar, Cases: Prevailing Party

Given Some Reductions For The Cross-Complaint And Other Issues, Fee Award Had To Be Reassessed—Initial Award Was $388,541, A 50% Reduction From The Original Request.             In Perera v. Moine, Case No. B319315 (2d Dist., Div. 7 Sept. 18, 2023) (unpublished), plaintiffs were the prevailing party in a breach of contract dispute (based on an

Homeowner Associations, Prevailing Party: HOA’s $139,977 Attorney’s Fees Award, Made After Homeowners Dismissed Their Lawsuit Without Prejudice And Did Not Pursue Arbitration Before The Case Dismissal, Was Properly Granted

Cases: Homeowner Associations, Cases: Prevailing Party

“Prevailing Party” Definition Under Davis-Stirling Act Different Than Under Civil Code § 1717.             In Matus v. Freedom West Homes Corp., Case No. A165736 (1st Dist., Div. 2 Aug. 21, 2023) (unpublished), a group of homeowner plaintiffs filed a lawsuit against HOA, which was ordered into arbitration.  Plaintiffs dismissed their court case without prejudice 15

Prevailing Party: Cross-Complainant Winning More Than Plaintiff Was The Prevailing Party For Fee Recovery Purposes

Cases: Prevailing Party

Cross-Complainant Obtained An $88,130.06 Net Recovery, Such That A Subsequent $90,013 Prevailing Party Fee Determination Was No Abuse Of Discretion.             In VanLaw Food Products, Inc. v. New England Counry Foods, LLC, Case No. G061375 (4th Dist., Div. 3 July 6, 2023) (unpublished), plaintiff received $27,441.25 under its complaint, and cross-complaint received $115,571.31 on its

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