Cases: Prevailing Party

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             In Debenedetti v. Debenedetti, Case No. A162074 (1st Dist., Div. 4 January 24, 2022) (unpublished), plaintiff brothers, who were successor co-trustees of their father’s trust, filed an action against their brother for breach of a promissory note securing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             In Bays v. Ashcraft, Case No. D079056 (4th Dist., Div. 1 Nov. 18, 2021) (unpublished), borrowers and lender got into a tussle, with there being mixed results but with the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

Prevailing Party: Denial Of Attorney Fees To Civil Harassment Defendant Claiming Prevailing Party Status In Voluntarily Dismissed Case Affirmed On Appeal

Cases: Prevailing Party

Award Of Attorney Fees Under Code Civ. Proc. § 527.6 Is Committed To The Discretion Of The Trial Court Regardless Of Prevailing Party Status             In Myers v. Dorsaneo, Case No. A161586 (1st Dist., Div. 1 October 18, 2021) (unpublished), the 1/1 DCA affirmed the trial court’s denial of Code Civ. Proc. § 527.6 attorney

Costs, Prevailing Party: Where Neither A Plaintiff Nor A Cross-Complainant Obtains Any Relief, Defendant Is The Prevailing Party For Costs, Absent A Costs Waiver

Cases: Costs, Cases: Prevailing Party

May Sound Quirky, But It Is The Law!             In Bernstein v. Sebring, Case No. C088375 (3d Dist. Sept. 21, 2021) (unpublished), plaintiff/cross-defendant and defendant/cross-complainant partially settled some claims (where costs were waived) but proceeded to trial on some remaining claims.  The trial judge ultimately dismissed plaintiff’s complaint, and defendant voluntarily dismissed his remaining cross-claim. 

Prevailing Party, Special Fee-Shifting Statutes: No Abuse Of Discretion In Trial Court’s Award Of $23,162.50 To Prevailing Civil Harassment Plaintiff

Cases: Prevailing Party, Cases: Special Fee Shifting Statutes

Awarded Fees, Which Were Reduced From The $70,000 Requested, Were Not Excessive Considering The Complexities Of The Case And The Increased Attorney’s Fees Plaintiff Incurred As A Result Of Defendant’s Conduct.             In Rowan v. Kirkpatrick, Case No. A161436 (1st Dist., Div. 3 September 13, 2021) (unpublished), defendant appealed the trial court’s award, under Code

Prevailing Party: General Contractor Winning Net Award Of $74,890 Was The Prevailing Party Such That The Fee Award Of $65,000 And The Costs Award Of $3,600 Was No Abuse Of Discretion

Cases: Prevailing Party

After All, The Trial Court Did Reduce The Request Substantially, And Lack OF Comparative Analysis/Specific Objections Did Not Meet The Burden In Opposing The Fee Application.             In Avalanche Air, Inc. v. Dwelling Construction, Inc., Case No. B302340 (2d Dist., Div. 7 Aug. 24, 2021) (unpublished), subcontractor sued for nonpayment, and general contractor sued for

Prevailing Party: Party Not Seeking Fees In Trial Court Cannot Be The Prevailing Party On Appeal

Cases: Prevailing Party

Overall Litigation Picture Must Be Surveyed.             In Betuel v. Luma Pictures, Inc., Case No. B297030 (2d Dist., Div. 4 Aug. 19, 2021) (unpublished), parties under a settlement agreement reached a resolution on partial ownership in a corporation, with a contractual fees clause being present in the settlement document.  However, one of the litigants who

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