Cases: Prevailing Party

Public Construction Prompt Payment Statutes: Winning Contractor, Surety, And Bonding Company Entitled To $150,000 In Fees After Prevailing Against Losing Subcontractor

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Third District’s Affirmance of Prompt Payment Statute Result Ices Correctness of Fee Award.      In one of our past posts (see January 16, 2009 discussion of the unpublished decision of Li v. Wu), we briefly discussed one of the construction prompt payment statutes. The Legislature has enacted several “prompt payment” statutes designed to make sure […]

Fee Clause Interpretation, 998 Offers, And Routine Costs: A Three-Fer In One Case—And A Resultant POOF! Upon Reversal Of The Fee Award

Cases: Fee Clause Interpretation, Cases: POOF!, Cases: Prevailing Party, Cases: Section 998

Substantial Fee Award Reversed Because Fees Provision Did Not Reach Noncontract Recovery, While Rest of Trial Court’s Fee/Costs Orders Affirmed on Appeal.      In Gaggero v. First Federal Bank of California, Case No. B207273 (2d Dist., Div. 1 Nov. 30, 2009) (unpublished), Borrower voluntarily dismissed with prejudice his equitable, statutory and breach of contract claims,

Prevailing Party And Fee Clause Interpretation Issues: Court Of Appeal Sustains Trial Court Denial Of Fees To Either Side

Cases: Fee Clause Interpretation, Cases: Prevailing Party

Fourth District, Division 1 Utilizes “Pragmatic” Prevailing Party Test and Determines Narrow Fee Clause Did Not Allow For Recovery on Successful Tort Claim.      In a dispute involving a brokerage arrangement with respect to a mobile home, seller won a small compensatory and punitive damages jury verdict against brokers for breach of fiduciary duty, although

Fee Clause Interpretation: Broadly-Worded Fees Clause Gave Rise To Fee Exposure For Non-Contract Claims

Cases: Costs, Cases: Prevailing Party

Second District, Division 8 Affirms $250,000 Fee Award to Prevailing Defendants.      A broadly-worded attorney’s fees provision—such as one allowing for fee recovery in “any action whatsoever arising from rights and obligations established under [the] Bylaws, including but not limited to actions for damages resulting from a breach of these Bylaws or actions for specific

Prevailing Party: Defendants City And Landlord Win Summary Judgment and Gain $184,605 Fee Award As Prevailing Parties Under Civil Code Section 1717

Cases: Deadlines, Cases: Prevailing Party, Cases: Section 1717, Cases: Standard of Review, Cases: Substantiation of Reasonableness of Fees

Both Determinations Affirmed on Appeal.      In Marinos v. City of Rocklin, Case Nos. C058958/C060844 (3d Dist. Nov. 4, 2009) (unpublished), defendants City and landlord prevailed on a summary judgment motion based on plaintiffs not complying with a notice provision in a settlement agreement with a fees clause. The trial court then awarded defendants $184,605

Prevailing Party: Tenant Properly Denied Attorney’s Fees As Prevailing Party Where Landlord Got To Obtain Some Of A Security Deposit And Tenant Obtained Some Of The Security Deposit

Cases: Prevailing Party, Cases: Section 1717

Second District, Division 7 Sustained “No Prevailing Party” Determination Under Civil Code Section 1717.      One of our leading cases is Hsu v. Abbara, 9 Cal.4th 863 (1995). It is must reading for all litigators, and might save your client a substantial amount of fees if you can talk the clients into believing that Civil

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

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