Cases: Prevailing Party

Prevailing Party: Broadly-Worded Fees Clause Gave Rise To Fee Exposure Even Under Santisas

Cases: Allocation, Cases: Deadlines, Cases: Prevailing Party

Sixth District Also Resolves Joinder, Motion Timeliness, and Apportionment Issues.      The next case is a virtual “issue cross-over” study for such subjects as prevailing party after a dismissal without prejudice (Santisas issue); joinder; motion timeliness; and apportionment. Walewski v. Williams, Case No. H033026 (6th Dist. Oct. 8, 2009) (unpublished) is worth reading to see […]

Civil Code Section 1717: Victorious Defendant In Case Involving Promissory Note Entitled To Fees, Even Though Foreclosure Contemplated Further Action—Prevailing Party Status Established Where Plaintiff Allowed Foreclosure Remedy To Lapse

Cases: Prevailing Party, Cases: Section 1717

  First District, Division 2 Deals With Interesting Finality Issue With Respect to Prevailing Party Status.      The interesting (and fun) part of this blog is reviewing unpublished decisions that actually confront very challenging issues arising from the array of procedural twists that can (and do) occur in civil litigation.     The next one deals

Prevailing Party and Nonstatutory Costs: Trial Court Award Of $643,606.76 In Fees Is Affirmed Even Though Defendant Eventually Lost Summary Judgment Trial and Appellate Segments

Cases: Costs, Cases: Prevailing Party

Court of Appeal Does Strike Nonstatutory Costs Award, Following Ripley Over Bussey.      In Gaggero v. Yura, Case No. B203780 (2d Dist., Div. 5 Sept. 14, 2009) (unpublished), defendant won a purchase agreement dispute with a contractual fees clause after the trial court found that a condition precedent—CC&Rs—was not agreed on between both sides. (Seller

Prevailing Party In Discrete Proceeding: Dismissal Of Action So Matter Can Be Arbitrated Entitles Defendant To Fee Award Under Civil Code Section 1717

Cases: Prevailing Party

Fourth District, Division 2 Likes Profit Concepts Management Reasoning.      Our inaugural post way back in May 2008 discussed Profit Concepts Management., Inc. v. Griffith, 162 Cal.App.4th 950 (2008) [one of our Top 10 Cases of 2008]. This case held that a victor on a motion to quash for lack of personal jurisdiction—even though further

Prevailing Party: Voluntary Settlement Of Contractually-Based Claims, Even Though In Tort Or Equity, Prevents Award Of Fees Under Santisas

Cases: Prevailing Party, Cases: Section 1717

Fifth District So Rules In Unpublished Decision, Rejecting That “Labels” Rather Than Substance Are Governing.       Santisas v. Goodin, 17 Cal.4th 599 (1998) [one of our Leading Cases] held that Civil Code section 1717 bars an action voluntarily dismissed as a result of a settlement to the extent contract claims were involved in the dismissed

Prevailing Party: Plaintiff Who Dismissed Action But Beat Back Defense Fee Request Was Not Prevailing Party Under Civil Code Section 1717 In The Overall Sense So As To Garner Fees For Beating Opposition Fee Request

Cases: Prevailing Party, Cases: Section 1717

Second District, Division 6 Follows Presley and Mustachio in so Deciding.      The beginning quote in this case nicely summarizes the lesson from the next case: “A party who prevails on appeal is not necessarily the prevailing party in an action.”      Wood v. Santa Monica Escrow Co., Case No. B205939 (2d Dist., Div. 6

Special Fee Shifting Statute: Stung by District Court’s Denial of Fees, Appellant Gets Some Relief from Ninth Circuit in Mosquito Spraying Case

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

  Ninth Circuit Explains Standards for Collecting Fees under Clean Water Act.      The next case involves alphabet soup:  GCMAD, NPDES, EPA, CWA, and the spraying of adulticides.  Translation:  Gem County Mosquito Abatement District, National Pollutant Discharge Elimination System, Environmental Protection Agency, Clean Water Act, and the spraying of pesticides used to kill adult mosquitoes.

Arbitration: Second District, Division Two Affirms Order Denying Attorney’s Fees For Client Who Defeats Petition to Confirm Amended Arbitration Award, Because He Failed to Bring to Court’s Attention that the Original Award Should Have Been Confirmed

Cases: Arbitration, Cases: Prevailing Party

Court of Appeal Notes that Strict Limitations of CCP 1286 are Seldom Acknowledged in Case Law, But Does Acknowledge Those Limitations This Time.      On February 18, 2009, we did a post on Karton v. Dougherty, a case in which a $1,146,578.38 default judgment with interest of $159,679.92 in favor of Beverly Hills attorney David

Civil Code Section 1717 And Alter Ego Case: Litigant Beating Alter Ego Theory Entitled to Fee Award

Cases: Prevailing Party, Cases: Section 1717

Second District, Division 4 Affirms $20,000 Fees/Cost Award to Alter Ego Winner.      In Legacy Construction and Development, Inc. v. De Francesca, Case No. B208851 (2d Dist., Div. 4 July 13, 2009) (unpublished), a defendant, following presentation of plaintiff’s declaratory relief case, obtained a ruling that he was not the alter ego of a separate

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