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 In Betuel v. Luma Pictures, Inc., Case No. B297030 (2d Dist., Div. 4 Aug. 19, 2021) (unpublished), parties under a settlement agreement reached a resolution on partial ownership in a corporation, with a contractual fees clause being present in the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 […]
$157,146.44 Was Fee Assessment Against Homeowners Arising Out Of Landscape Dispute. In a somewhat complimentary unpublished decision to Harris v. Rojas (a Second District decision we posted on recently), the Third District in Winchester Community Assn. v. Perrotta, Case No. C085295 (3d Dist. July 20, 2021) (unpublished) had to review a discretionary “prevailing party”
Case Has Interesting Observations On The Necessity To File A Related Case Notice, Present An Adequate Appellate Record, And Show Common Sense As Far As Claiming To Be A Prevailing Party. Justice Wiley has authored, on behalf of the 2/8 DCA, a colorful decision on who is a “prevailing party” for Civil Code section
Two Separate Contracts Were At Issue – With Plaintiff Prevailing On The Asset Purchase Agreement And Defendant Prevailing On The Employment Contract. In Colaco v. Cavotec SA, Case NO. G059418 (4th Dist., Div. 3 June 24, 2021) (unpublished), plaintiffs corporation and its sole shareholder/CEO entered into an Asset Purchase Agreement and Plan of Reorganization
Plaintiffs Dismissed Their Action Only After Achieving Their Main Litigation Objective. In Champir v. Fairbanks Ranch Assn., Case No. D077384 (4th Dist., Div. 1 June 22, 2021) (unpublished), plaintiffs sued homeowners’ association for breach of the CCR’s stemming from association’s decision to install traffic lights at a location not approved by a majority of
Minor Reversal And Remand Did Not Disturb Prior Fee Result. We have to say that we love the language of Justice Bedsworth from our local 4/3 DCA, especially in this case which has gone up and down in the trial and appellate courts, namely, Voit v. Malliet, Case Nos. G058435 et al. (4th Dist.,
Fact That Plaintiffs Obtained Preliminary Injunction Relief Was Only Interim, Not Determining Which Parties Ultimately Prevailed. Hamilton v. Van Wert, Case No. F078345 (5th Dist. May 6, 2021) (unpublished) reminds us all that a Civil Code section fee victor and routine costs victor awaits what ultimately happens at the judgment stage, not interim provision
No Clear Winner And Mixed Results Sealed That Conclusion, With A Mechanical, Arithmetic Approach Not Being The Dispositive Calculus. Residential owners, contractor, and subcontractors got into a brouhaha about the construction on a residential house, resulting in residential owners winning $160,000 on a contractual delay claim, contractor winning $535,000 on a contractual cross-claim for
Original Judgment Creditor Had Satisfied Mediation Requirement In The Parties’ Fees Provision, And Defendants Failed To Raise Their Challenges To Specific Billing Entries Before The Trial Court Despite A Continuance To Allow Them To Do So. Plaintiff buyer entered into a Purchase Agreement with defendant sellers for the purchase of sellers’ home. The
The Parties’ Note Contained An Attorney Fees Provision, But Their Arbitration Agreement Did Not, And A Motion To Vacate An Arbitration Award Is Not An Action On A Note. In Bilodeau v. Modern Mobile Homes, Case No. B302791 (2d Dist., Div. 6 March 29, 2021) (unpublished), plaintiff buyers entered into an agreement for
