Cases: Prevailing Party – Page 41

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

March 24, 2011

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

March 18, 2011

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

Prevailing Party: Sonoma Risk’s Contract Litigation Insurance Catching On

Cases: Insurance, Cases: Prevailing Party

March 8, 2011

Increased Attention in the Legal Community; Co-Contributor Marc Quoted in California Lawyer; Co-Contributor Mike To Speak At July 8 Century City Panel. In our August 3 and 6, 2010 posts, we discussed contract litigation insurance (CLI), a product being offered by Sonoma Risk Insurance Agency. We described the coverage in depth in those

Prevailing Party: $60,675.10 Fee Award Is Reversed For Failure To Apply Correct Legal Standard

Cases: Prevailing Party

February 10, 2011

Trial Court Found Prevailing Party Based On Costs Recovery Standard, One That Diverges From the Apt One for Fee Award. The next decision illustrates an important distinction often times glossed over or mistakenly ignored with respect to a determination of the prevailing party. The distinction is this: there is a difference between prevailing party

Prevailing Party: Attorney’s Fees Motion Properly Denied Where Moving Party Could Not Point To Contract For Fee Entitlement

Cases: Prevailing Party

January 24, 2011

Lack of Signatory Status in Moving Documents Was Dispositive. One of the ABC’s in moving for fee entitlement is to show a contract or statute forming a predicate basis for a fee motion. Without it, a litigant is generally left with the American Rule, which does not allow a party to recover for fees.

Prevailing Party: $79,267.65 Winner Of Contract Dispute After Jury Trial Garners $261,176.50 Fee Award And $22,312.87 Costs Award

Cases: Prevailing Party, Cases: Section 1717

January 8, 2011

Fee Award Does Not Have to be Proportional to Damages Award for Civil Code Section 1717 “Prevailing Party” Purposes. Here is one which, yet again, reiterates that trial courts have tremendous discretion in determining the “prevailing party” under Civil Code section 1717 as well as the amount of damages to be awarded–which do not

Prevailing Party: Mixed Results Means Plaintiff Not Entitled To Fee Award Under Settlement Agreement

Cases: Prevailing Party, Cases: Settlement

December 31, 2010

Despite County’s Breach of Completion Date, Continued Negotiations Waived Any Breach and Mixed Results Sustained Fee Denial. Unless you have a clear win under a contractual fees clause, a trial judge has discretion to determine who the prevailing party is under Civil Code section 1717. We have blogged on many cases that underscore this

Prevailing Party: Goods News/Bad News Result Meant Party Not Entitled To Fee Recovery

Cases: Prevailing Party

December 19, 2010

Second District, Division 4 So Holds in Family Law Judgment Enforcement Case. Although deciding that a debt owed under an expired note and unenforceable trust deed still survives for enforcement under Family Code section 291, the litigants in each side of this case actually got both good news and bad news. Plaintiff succeeded in

Construction: Plaintiff Awarded Quantum Meruit Recovery, But Suffering Defeat On 5 Out of 6 Other Claims, Was Not A Prevailing Party

Cases: Prevailing Party, Cases: Quantum Meruit

December 18, 2010

Fee Denial Affirmed by Fourth District, Division 2. Cannan Construction v. Majewski, Case No. E048784 (4th Dist., Div. 2 Dec. 16, 2010) (unpublished) demonstrates that the trial court has substantial discretion in determining who is a “prevailing party” under fee shifting statutes. In this one, plaintiff won quantum meruit recovery from defendant, but

Allocation And Costs: “Scorched Earth” Tactics Can Cost You In The Fee/Costs Battle

Cases: Allocation, Cases: Costs, Cases: Prevailing Party

December 7, 2010

Second District, Division 6 Finds No Unreasonableness in Trial Court Awards. “Scorched earth” is a frequently bandied phrase in litigation. However, if a trial court believes that you as a litigant have engaged in it, this strategy may cost you big when it comes time for reckoning fee/cost recovery to the prevailing party after