Cases: Prevailing Party

Civil Code Section 1717: Litigant Losing A Demurrer With Leave And Failing To Amend Can Be Exposed To An Adverse Fee Award Despite Ongoing Litigation Between Other Named Parties

Cases: Prevailing Party, Cases: Section 1717

Litigant Failing to Dismiss After Losing a Demurrer With Leave May Be in Danger, Fourth District, Division Two Rules.      Under Santisas v. Goodin, 17 Cal.4th 599, 602, 622 (1998) [see our Leading Cases], litigants potentially exposed to fee awards under Civil Code section 1717 can avoid adverse consequences by voluntarily dismissing their actions way […]

HOA Dispute: No Prevailing Party Found In Upscale Homeowner Dispute Where One Homeowner Recovered $2,000 In Damages For Fraud

Cases: Homeowner Associations, Cases: Prevailing Party

Fourth District, Division Three Determines That Thrust of Lawsuit Was Not CC&R Enforcement and Lower Court Did Not Abuse Its Discretion In Finding No One Was the Prevailing Party For Purposes of a Fee Award.      Plaintiff and defendants are next-door neighbors in a South Orange County upscale residential common area project subject to CC&Rs.

Court of Appeal Publishes Previously Unpublished Decision Reviewed On Our September 9, 2008 Post

Cases: Prevailing Party, Cases: Section 1717

Fourth District, Division One Publishes FDIC v. Dintino.             In our September 9, 2008 post, we reviewed the decision of FDIC v. Dintino.  The decision held that success on noncontractual claims should not be considered when determining “prevailing party” status under Civil Code section 1717, but also indicated that work may frequently

Civil Code Section 1717 Mandates Fee Award To Unqualified Winner On Contract Claim And Requires Reversal of Award Against Contract Nonsignatories

Cases: Civil Rights, Cases: Prevailing Party, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Second District, Division One Affirms and Reverses Portions of Fee Award Under Contractual Provision and Discretionary Fee-Shifting Statutes.             By now, it should be apparent that there are stark differences in how some fee-shifting statutes operate.  Civil Code section 1717 mandates an award to a "prevailing party" under a contractual fees clause,

Brother/Sister Owners Of Adjoining Condominium Units Reap Attorney’s Fees Of $531,159 As Prevailing Parties In An Action Where They Won Damages Of $4,620 And Equitable Relief Requiring Disclosure of A Building Wide Problem.

Cases: Homeowner Associations, Cases: Prevailing Party

Second District, Division Eight Affirms Award in a Sharply Divided 2-1 Panel on the Fee Award Issues.             This next profiled case can only be described as … a doozy!             In 1998-1999, brother and sister (the eventual plaintiffs) bought two adjoining units in a Westwood 13-story condominium building

Appellate Court Reverses Non-Prevailing Party Determination Because Client Defensed Attorney on Contract Claim In A Jury Trial

Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Standard of Review

Second District Remands For Settling the Reasonable Amount of Attorney’s Fees and Costs.             Usually, prevailing party determinations are reviewed under the abuse of discretion standard on appeal.  Not always, however.  Sometimes the contractual fees clause is clear in specifying a prevailing party and one side wins a final judgment in their

Rejecting Judicial Estoppel Argument, Former Attorneys Win Over $101,000 Fee/Costs Award from in Pro Per Plaintiff Client

Cases: Estoppel, Cases: Prevailing Party

Second District, Division Three Panel Rejects Judicial Estoppel, Self-Representation, and Third-Party Beneficiary Arguments Raised By Losing Client.             An attorney’s fees clause in a retainer agreement is a great equalizer in any litigation over the proper fee charged for services by former counsel.  An in pro per Client sued his Former Attorneys,

Lower Court Erroneously Awarded Default and Then Prevailing Party Status to Plaintiff Where Defendant Failed to Appear for Trial

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Fourth District, Division Three Reverses $2,700 Fee Award As Without Basis.             The next case arose from a rather bizarre set of facts, showing fee awards will be withheld if the fee is awarded as an unwarranted penalty in the guise of a statutory fee award.             This legal

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