Cases: Prevailing Party

Prevailing Party: Plaintiff Prevailing On Common Count And Defendants Prevailing On Contract Count Justified “No Prevailing Party” Determination

Cases: Prevailing Party

Second District, Division 6 So Holds — Using Pragmatic Standard for Fee Recovery.      Here is one which teaches that the “prevailing party” determination is a fluid, pragmatically-based determination, as we have explored in many past posts.      Rocketstar Robotics, Inc. v. California Motors, LLC, Case No. B226326 (2d Dist., Div. 6 Apr. 19, 2011) […]

Arbitration/Prevailing Party/Construction: Dueling Prevailing Party Determinations May Sting One Party To Its Dismay

Cases: Arbitration, Cases: Prevailing Party

  One Party Prevails, But Still Suffers Adverse Judgment of Over $2 Million When Opponent Also Prevailed.      This next case is a sobering reminder that “prevailing party” determinations do not necessarily result in one winner in multi-claim litigation. Even though one party might prevail and obtain a substantial fee/costs award, the other party–if that

In the News: Judge Milton Shadur Shoots Down Fee Petition in High Stakes Gun-Rights Litigation

Cases: Prevailing Party, In The News

Blasted Legal Fees Unite Civil Rights Attorneys Across the Political Spectrum in Shotgun Marriage After Judge Drops the Hammer on Fee Request in 2nd Amendment Litigation.       Mike Scarcella reports in The National Law Journal (April 4, 2011, online edition) that Alan Gura, the high-caliber lawyer behind the Supreme Court’s gun-rights precedent “may lose by

Section 1717 and Prevailing Parties: Fourth District, Division One, Rules that Civil Code Section 1717’s Prevailing Party Standard, Mutuality Principle, and Reasonable Fees Standard Apply to an Attorney’s Fees Provision in a Consent Decree

Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Rates

Order Granting the People $707,882.50 in Attorney Fees and Costs of $32,673 Goes Up in Smoke, But Not to Worry, Parties Will Get to Light Up Again in Trial Court      In this appeal, R.J. Reynolds Tobacco Company challenged an order awarding attorney fees to the People for enforcing a Consent Decree banning participating tobacco

Prevailing Party/Section 998: Fourth District, Division 3 Unpublished Opinion Explores Nuances In Scope of 998 Offers And Prevailing Party Status When No Monetary Relief Obtained After Factoring of Prior Credits

Cases: Prevailing Party, Cases: Section 998

  L.A. County Gets Nada Monetary Relief After Credits, And Is Stung By Affirmance of 998 Offers by Insurers Costing It $5.9 Million.      The next one is the apparent conclusion of what our local Santa Ana appellate court analogized as being “easily the 14 Years War of civil litigation in Orange County” between Los

Appealability/Costs/Prevailing Party: Fourth District, Division 2 Faces Wild Decision With A Wide Variety of Appeability, Costs, and Fee Issues

Cases: Costs, Cases: Prevailing Party

  Published Part of Decision Holds That Order Taxing Costs Allowable After An Appeal Awards Costs Is Itself an Appealable Order.      Krikorian Premier Theatres, LLC v. Westminster Central, LLC, Case Nos. E047523/E049537 (4th Dist., Div. 2 Mar. 24, 2011) (certified for partial publication) is a wild decision in that a prior appellate reversal completely

Prevailing Party/Section 998/Section 1717: Defendant Prevailed Under Section 1717 Because Earlier Appellate Court Decision Found Reversal And No Need For Retrial

Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998

  Plaintiff’s Voluntary Dismissal Without Effect; Offset for Prior Settlements Meant No Change in Result Due to Her Prior 998 Offer.      A trifecta of issues was considered by the appellate court in Goldstein v. Williams, Case No. D057826 (Mar. 24, 2011) (unpublished).      In this one, plaintiff sued for breach of contract and in

Prevailing Party/Section 1717: Court’s OSC Dismissal of Entire Action, Both Complaint And Cross-Complaint, Meant No Contractual Fees Were Recoverable

Cases: Prevailing Party, Cases: Section 1717

. . . However, Remand For Fee Recovery Evaluation on Dismissed Tort Claim.      For you folks entertaining voluntarily dismissals of actions, must reading in this area–if you are bothered about attorney’s fees exposure–is our state supreme court’s decision in Santisas v. Goodin, 17 Cal.4th 599, 602, 607-608 (1998) [one of our Leading Cases]. We

Homeowner Associations/Prevailing Party: HOA Was Not Liable For Fees And Costs When It Obtained Injunctive Relief Before Dismissing Its Complaint Voluntarily

Cases: Homeowner Associations, Cases: Prevailing Party

  Defendant Not Entitled to Fees Where Contractually-Based Complaint Voluntarily Dismissed And Not Entitled to Costs Under Discretionary Prevailing Party Provision.      Homeowner association (HOA)/homeowner disputes have resulted in us doing a fair amount of posts under our category “Homeowner Associations.” Here is one more to add to the list, with a homeowner seeking $64,572.84

Costs/Prevailing Party: Trial Court’s Dismissal Of Case Based On Worker’s Compensation Exclusivity Defense Did Not Deprive It Of Jurisdiction To Award Costs To Prevailing Party

Cases: Costs, Cases: Prevailing Party, Cases: Workers' Compensation

Fifth District So Decides, But Lays Down No Absolute Rule On Subject Matter Jurisdiction Issue.      Brown v. Desert Christian Center, Case No. F060139 (5th Dist. Mar. 17, 2011) (certified for publication) involved a personal injury that was dismissed on the jurisdictional defense that the involved injuries were within the exclusive province of the worker’s

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