Based On Unique Circumstances Of The Litigation, Fee Request Was Premature Until The Overall Merits Were Decided. Equity does factor in attorney’s fees awards, as Hot Rods, LLC v. Northrop Grumman Systems Corp., Case No. G061449 (4th Dist., Div. 3 Jan. 25, 2024) (unpublished) makes clear. This contentious litigation between the parties involved […]
Trustee and Challenging Beneficiaries Got Mixed Results, So Trustee Entitled To Fees, Inclusive Of “Fees On Fees.” In Farnocchia v. Harms, Case No. A164639 (1st Dist., Div. 1 Nov. 29, 2023) (unpublished), two beneficiaries of a trust filed a petition to remove Harms as trustee, for an accounting, and for breach of fiduciary duty.
Case Involved The Claim That Individual Defendants Were Guarantors Under A Lease. In Canales v. Superior Court, Case Nos. B321796 et al. (2d Dist., Div. 4 Nov. 16, 2023) (unpublished), on the day of trial, the lower court indicated tentative decisions to grant the defense motions in limine and its own sua sponte motion
Interpretation Of The Lease Language Led To That Result. In A & N Industrial Properties, LLC v. Bart & Judy’s Bakery, Inc., Case No. B322730 (2d Dist., Div. 4 Nov. 13, 2023) (unpublished), plaintiff landlord sued a delinquent holdover tenant for breach of contract, common counts, breach of guaranty, and ejectment under a lease
Given Some Reductions For The Cross-Complaint And Other Issues, Fee Award Had To Be Reassessed—Initial Award Was $388,541, A 50% Reduction From The Original Request. In Perera v. Moine, Case No. B319315 (2d Dist., Div. 7 Sept. 18, 2023) (unpublished), plaintiffs were the prevailing party in a breach of contract dispute (based on an
“Prevailing Party” Definition Under Davis-Stirling Act Different Than Under Civil Code § 1717. In Matus v. Freedom West Homes Corp., Case No. A165736 (1st Dist., Div. 2 Aug. 21, 2023) (unpublished), a group of homeowner plaintiffs filed a lawsuit against HOA, which was ordered into arbitration. Plaintiffs dismissed their court case without prejudice 15
Cross-Complainant Obtained An $88,130.06 Net Recovery, Such That A Subsequent $90,013 Prevailing Party Fee Determination Was No Abuse Of Discretion. In VanLaw Food Products, Inc. v. New England Counry Foods, LLC, Case No. G061375 (4th Dist., Div. 3 July 6, 2023) (unpublished), plaintiff received $27,441.25 under its complaint, and cross-complaint received $115,571.31 on its
An Interim Dismissal Without Prejudice Did Not Dispositively Determine Who Prevailed. Tenant, during the COVID-19 pandemic, successfully demurred to a landlord complaint on the basis that the lawsuit was premature given pandemic rules which did not allow the suit to be filed when it was. The demurrer was sustained without prejudice to filing a
The Appellate Win Did Not Allow For Prevailing Party Fees, Because The Ultimate Litigation Outcome Result Was Dispositive—No One Prevailed. The next case, Waterwood Enterprises, LLC v. City of Long Beach, Case No. B316269 (2d Dist., Div. 1 Apr. 26, 2023) (unpublished) had a topsy-turvy procedural history, but it at long last has seemed
Costs Prevailing Party Determination Was Not Dispositive As To Fee Prevailing Party Determination. Davis v. Philpott Meeks, LP, Case No. B316618 (2d Dist., Div. 7 Apr. 17, 2023) (unpublished) was a situation where plaintiff filed an unlawful detainer complaint, generating various cross-complaints for premises liability and indemnity. Certain cross-claimants dismissed their cross-complaints without prejudice
