Cases: Prevailing Party

Prevailing Party, Reasonableness of Fees, Section 1717: Section 1717 Fees Award Of About $40,000 Affirmed For Plaintiff Who Had Fraud Claim Dismissed By Trial Court And Received Only A Portion Of Requested Damages After Bench Trial

Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717

A One-Sided Fees Provision Entitled Plaintiff To Reciprocal Prevailing Party Fees Under Section 1717, And A Trial Court’s Determination As To Reasonableness Of Fees Will Not Be Disturbed Absent A Showing That The Trial Court Is Clearly Wrong.             In Hernandez v. Thottam, Case No. B306547 (2d Dist., Div. 4 May 10, 2022) (unpublished), plaintiff […]

Costs, Prevailing Party, Section 1717, Section 998: Fifth District Deals With Various Prevailing Party Issues For Costs And Fees Award To Litigants Who Both Claimed To Have Prevailed

Cases: Costs, Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998

Plaintiff Winning Some Money Entitled To Routine Costs, But Defense Entitled To Prevailing Party Fees And Some Other Routine Costs Relating To Fee And Expert Witness Work, Some Other CCP § 998.             Mike Murphy’s Enterprises, Inc. v. Fineline Industries, Inc., Case No. F080503 (5th Dist. Apr. 13, 2022) (unpublished) is a good opinion to

Prevailing Party, Section 1717: Despite Some Partial Appellate Issue Reversals, Plaintiff Water Authority Prevailed Under A Contractual Fees Clause So As To Be Entitled To Fees And Costs For Achieving Litigation Success On Important Water Rate Issues

Cases: Prevailing Party, Cases: Section 1717

Prevailing On “Water Rates Not Set Pursuant To Law” Issue Drove The Conclusion.             Without going into a detailed discussion of the prolonged dispute between the parties, San Diego County Water Authority v. Metropolitan Water Dist. of Southern California, Case No. A162168 (1st Dist., Div. 3 Mar. 17, 2022) (unpublished) shows that a “prevailing party”

Prevailing Party, Section 1717: Attorneys’ Fees Award To Prevailing Plaintiff Upheld On Appeal Despite Invalidation Of Contract Between The Parties Due To Defendants’ Fraud.

Cases: Prevailing Party, Cases: Section 1717

Plaintiff’s Action Was “On The Contract” For Purposes Of Civ. Code § 1717, And Fees Provision In Parties’ Contract Was So Broad That It Allowed Award Of Fees To Prevailing Party Whether Action Was Based In Tort Or In Contract.             In Song v. Creative Global Investment, Case Nos. B299422/B301697/B304884 (2d Dist., Div. 2 February

Prevailing Party, SLAPP: 4/3 DCA Affirms Trial Court’s Determination That Cross-Defendants Achieving Partial Success On SLAPP Motion Were Prevailing Parties And Entitled To Attorney Fees.

Cases: Prevailing Party, Cases: SLAPP

Determination Of Prevailing Party Status In SLAPP Motion Lies Within The Broad Discretion Of The Trial Court, And Will Not Be Overturned Absent A Showing Of Abuse Of That Discretion.             In Harris v. Powerdrive Oil and Gas Company, Case No. G059623 (4th Dist., Div. 3 February 4, 2022) (unpublished), the trial court partially granted

Prevailing Party, Section 1717: Where Defendant Obtained Injunctive Relief Against Plaintiff In Nonsolicitation Restriction Litigation, Section 1717 Fees And Costs Were Justified

Cases: Prevailing Party, Cases: Section 1717

$596,114 In Fees And $84,125 In Costs Affirmed On Appeal.             In Blue Mountain Enterprises, LLC v. Owen, Case Nos. A157054/A158783 (1st Dist., Div. 1 Jan. 28, 2022) (published), plaintiff obtained a TRO, preliminary injunction, and permanent injunction in hard-fought litigation against a defendant who transferred his ownership interest in real estate/construction related business to

Prevailing Party, Section 1717, Section 998: 1/4 DCA Reverses Trial Court’s Denial Of Section 998 Fees To Defendant Who Entered Handwritten Agreement To Transfer Real Property Valued At More Than His 998 Offer.

Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998

Plaintiffs Voluntarily Dismissed Action Without Terms Of Handwritten Agreement Being Met And Property Was Never Transferred.             In Debenedetti v. Debenedetti, Case No. A162074 (1st Dist., Div. 4 January 24, 2022) (unpublished), plaintiff brothers, who were successor co-trustees of their father’s trust, filed an action against their brother for breach of a promissory note securing

Prevailing Party, Section 1717: In Contentious Litigation Where A Default Judgment Was Vacated, Party Attempting To Pay Off The Amount In Dispute Was Finally The Prevailing Party

Cases: Prevailing Party, Cases: Section 1717

Section 1717 Tender Rules Were At Issue, Affirming Determination That The Party Attempting To Settle The Debt Was In The Right.             Believe me, the equities in a case do matter, even one involving numerous lower court proceedings (both in California and Maryland courts) and six appeals considered by the Second District.             This is

Prevailing Party, Section 1717: Where Result Was Mixed, Trial Court Did Not Err In Determining That Prevailing Party Borrowers Prevailed More Than Lender

Cases: Prevailing Party, Cases: Section 1717

$107,605.20 Fee Award Was The Borrowers’ Gain; Some Tort Claims, If Related To Enforcement Of A Note, Are Recoverable Under Civil Code Section 1717.             In Bays v. Ashcraft, Case No. D079056 (4th Dist., Div. 1 Nov. 18, 2021) (unpublished), borrowers and lender got into a tussle, with there being mixed results but with the

Prevailing Party: Trial Court’s Awards Of Attorney’s Fees And Costs To Landlord Before Final Judgment Entered Did Require Reversal Of Awards

Cases: Prevailing Party

Fee/Costs Awards Before Final Judgment Entered Were Premature And Infirm.             After a plaintiff tenant surrendered possession but before a final judgment was entered in an unlawful detainer action, a trial judge—thinking the case effectively was “over”—entered an attorney’s fees award to landlord as prevailing party in the sum of $221,849 (out of a requested

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