Cases: Prevailing Party

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Fifth District So Rules In Unpublished Decision, Rejecting That “Labels” Rather Than Substance Are Governing.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

Civil Code Section 1717 And Mediation Clause: Real Estate Buyer Losing Fraud Case Suffers $122,100 Adverse Fee Award

Cases: Mediation, Cases: Prevailing Party, Cases: Section 1717

Second District, Division 6 Also Interprets Mediation Requirement in CAR Form Contract.      Buyers sometimes get confused over their obligations under CAR real estate form contracts, especially the ones involving an award of attorney’s fees (which clauses have been held to reach fraud/nondisclosure claims). One of the most frequent causes of confusion is the mediation

Prevailing Party: Unsuccessful Injunctive Action Was Discrete Legal Proceeding Allowing For Award Of Civil Code Section 1717 Fees

Cases: Arbitration, Cases: Prevailing Party, Cases: Section 1717

First District, Division 4 Follow Acosta-Otay Line of Cases.      There has been quite a splash of jurisprudence lately on the question of when a prevailing party can be adjudged in mixed legal-arbitration proceedings. The next case is the latest addition to the case law on this subject.      In Turner v. Schultz, Case Nos.

Statutory Fees: Attorney’s Fees Motion Preserves Fee Request, With Claimants Not Having To File Costs Memorandum Seeking Fees

Cases: Costs, Cases: Deadlines, Cases: Prevailing Party

Second District, Division 3 Rebuffs Contrary Technical Argument.      In Brownstein v. Smith, Case No. B205864 (2d Dist., Div. 3 July 1, 2009), plaintiff lost a condominium dispute against other condo owners arising out of CC&Rs. Defendants were entitled to seek fees under Civil Code section 1354(a), a fee-shifting provision applying to parties seeking to

Civil Code Section 1717: Sixth District Affirms Trial Court Denial Of Fees To Defendant Where Plaintiff Dismissed Both Contract And Fraud Claims

Cases: Prevailing Party, Cases: Section 1717

  Sixth District Applies Reasoning of Santisas.      The next case shows how appellate courts apply a pragmatic standard in gauging whether a party prevailed in order to recover attorney’s fees, even after a voluntarily dismissal of a fraud count where fees might be recoverable under an expansive Purchase Agreement clause.      Almog v. Mueller,

Scroll to Top