Cases: Prevailing Party

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Of Prevailing Party Status             In Myers v. Dorsaneo, Case No. A161586 (1st Dist., Div. 1 October 18, 2021) (unpublished), the 1/1 DCA affirmed the trial court’s denial of Code Civ.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 Sept. 21, 2021) (unpublished), plaintiff/cross-defendant and defendant/cross-complainant partially settled some claims (where costs were waived) but proceeded to trial on some remaining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             In Rowan v. Kirkpatrick, Case No. A161436 (1st Dist., Div. 3 September 13, 2021) (unpublished), defendant appealed the trial court’s award, under Code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

Homeowner Associations, Prevailing Party: Trial Court’s Call That HOA Was Prevailing Party, Although Homeowners Had Partial Success, Was No Abuse Of Discretion

Cases: Homeowner Associations, Cases: Prevailing Party

$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”

Prevailing Party: Party Winning Only $6,450 Of $200,00 Sought In Damages Did Not Prevail For Civ. Code § 1717 Purposes And, When Other Lawsuit Was Considered, The Other Side Won The Overall War So As To Seal The “Non-Prevailing Party” Determination

Cases: 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

Prevailing Party, Section 1717: 4/3 DCA Affirms $2 Million Section 1717 Fee Award To Plaintiff And $4.6 Million Section 1717 Fee Award To Defendant

Cases: Prevailing Party, Cases: Section 1717

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

Homeowners Association, Prevailing Party: No Abuse Of Discretion In Trial Court’s Determination That Plaintiffs Were Prevailing Party, Resulting In Fees Award Of $112,340, After Plaintiffs Dismissed Action.

Cases: Homeowner Associations, Cases: Prevailing Party

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

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