Cases: Prevailing Party

PLAINTIFF’S ASSIGNEE—A NONSIGNATORY TO A CONTRACT—AND ASSIGNOR—A CONTRACT SIGNATORY—BOTH HIT WITH $1.4 MILLION FEE AWARD AFTER DEFENDANT PREVAILS IN ASSIGNEE’S LITIGATION

Cases: Appealability, Cases: Assignment, Cases: Prevailing Party, Cases: Standard of Review

Second District Affirms Fee Award Against Both Assignor and Assignee Based on California Wholesale and the Assignor’s Surety Status.             One of the time-honored principles in assignment law is that assignee’s voluntary acceptance of benefits normally means consent to bear the burdens from the assignment.  Civil Code sec. 1589.   However, the assignor […]

LATE BREAKING NEWS—Lange v. Schilling, a Mediation Condition Precedent Case On Fee Recovery, Is Published by the Third District.

Cases: Mediation, Cases: Prevailing Party

Unpublished Decision in Our May 30, 2008 Post is Now Published.             In our May 30, 2008 post, we reported on Lange v. Schilling, Case No. C055471 (3d Dist. May 28, 2008), which strictly construed the CAR purchase agreement mediation clause.  Lange closely tracked the reasoning of Justice Fybel in Frei v.

SANTISAS REVISITED: NONSIGNATORIES TO A CONTRACT NOT SUBJECT TO FEE EXPOSURE FOR PRETRIAL VOLUNTARILY DISMISSAL OF THEIR ACTIONS.

Cases: Prevailing Party

Second District So Holds in Topanga and Fourth District, Division One Concurs in Its Unpublished Kilgore Decision.             In our Leading Case No. 6, Santisas v. Goodin, 17 Cal.4th 599, 615-617 (1998), the California Supreme Court determined that a pretrial voluntarily dismissal of a contract claim between two signatories prevents the dismissed

SECTION 998 DOES NOT CREATE AN INDEPENDENT RIGHT TO ATTORNEYS FEES; VOLUNTARY DISMISSAL OF CONTRACT CLAIM BEFORE TRIAL DEFEATED ANY 998 FEE SHIFTING

Cases: Prevailing Party, Cases: Section 998

Fourth District, Division One Harmonizes the Interplay Between Code of Civil Procedure section 998 and Civil Code section 1717(b)(2).             Recently, there has been a rash of decisions dealing with offers to compromise under Code of Civil Procedure section 998.  The next case resolves what happens when section 998 collides with Civil

LIS PENDENS WITHDRAWAL—YOU STILL MIGHT GET AWARDED ATTORNEYS’ FEES SHORT OF AN EXPUNGEMENT

Cases: Lis Pendens, Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Castro Holds That A Practical Prevailing Party Test Governs An Award of Fees When A Lis Pendens Is Withdrawn.         Code of Civil Procedure section 405.38 provides that the prevailing party on a motion to expunge a lis pendens is entitled to an award of reasonable attorney’s fees and costs in bringing or

COURT OF APPEAL REVERSES $440,000 ATTORNEY’S FEES AWARD WHERE LOWER COURT IMPROPERLY TRUNCATED REVIEW OF THE ENTIRE LITIGATION FOR PURPOSES OF ASCERTAINING THE “PREVAILING PARTY”

Cases: Prevailing Party

First District Overturns Substantial Fee Award Based on Misreading of Prior Appeal Decisions in the Same Case.             We have to hand it to Justice Simons of the First District, Division Five.  Faced with a complicated set of facts and a substantial fee winner, he—as author on behalf of a 3-0 panel—correctly

REDUX ON MEDIATION, PREVAILING PARTY, AND FEE SUBSTANTIATION PRINCIPLES IN RECENT UNPUBLISHED DECISION

Cases: Mediation, Cases: Prevailing Party, Cases: Substantiation of Reasonableness of Fees

Second District Affirms Fee Award and Review Principles We Have Previously Surveyed.         Once in a while, we all need refresher courses. That all holds true in the fee award area. The next case is just that—reviewing principles we have earlier discussed on mediation clauses, prevailing party status, and trial court review of

LABOR CODE VIOLATIONS MAY MEAN FEE AWARD IS MANDATORY—BUT AMOUNT OF FEES ARE DISCRETIONARY AND MAY RESULT IN A DISAPPOINTINGLY SMALL AWARD

Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Special Fee Shifting Statutes

Second District Finds that Plaintiff Individually Settling for $10,500—Even Though His Claim Was Only For $44.63—Entitled to Garner a $500 Fee Award.         There are many sections of the California Labor Code that have mandatory fee award authority. As examples, Labor Code section 1194(a) provides that employees paid less than their legal overtime

SECOND DISTRICT FINDS THAT REYNOLDS METALS JUSTIFIED FEE AWARD TO PARTIES DEFEATING ALTER EGO CLAIM IN BIFURCATED TRIAL

Cases: Prevailing Party

Liminal Determination of the Alter Ego Allegations, Before Any Liability Consideration, Deemed Inconsequential For Purposes of Applying Reynolds.             Reynolds Metals Co. v. Alperson, 25 Cal.3d 124 (1979), posted in our Leading Cases, is a venerable decision holding that defendants prevailing on alter ego allegations. in a full trial of all issues,

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