Cases: Prevailing Party

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             In Champir v. Fairbanks Ranch Assn., Case No. D077384 (4th Dist., Div. 1 June 22, 2021) (unpublished), plaintiffs sued homeowners’ association for breach of the CCR’s stemming from association’s decision to install traffic lights at a location not approved by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 […]

Prevailing Party: Past Minor Reversal On Repayment Issue Did Not Change The Conclusion That Prior Prevailing Party Still Prevailed For Purposes Of An Attorney’s Fees Award

Cases: Prevailing Party

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.,

Prevailing Party: Defendants Obtaining An Unqualified Defense Judgment In Short-Term Rental Dispute Were Improperly Denied Routine Costs And Civil Code Section 1717 Fees As The Prevailing Parties

Cases: Prevailing Party

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 May 6, 2021) (unpublished) reminds us all that a Civil Code section fee victor and routine costs victor awaits what ultimately happens at the judgment stage, not interim provision

Prevailing Party: Residential Owners And Contractor, Each Winning On Their Dueling Contract Claims, Were Properly Found Not To Be The Prevailing Side

Cases: Prevailing Party

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

Prevailing Party, Reasonableness Of Fees: Two Prevailing Party Fee Awards – Totaling $609,180 – To Plaintiff Assignee Attempting To Enforce Prior Judgment Affirmed On Appeal

Cases: Prevailing Party, Cases: Reasonableness of Fees

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

Arbitration, Prevailing Party: $10,000 Attorney Fees Award To Prevailing Party On Motion To Vacate Arbitration Award Reversed On Appeal

Cases: Arbitration, Cases: Prevailing Party

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

Costs, Prevailing Party: No Abuse Of Discretion In Trial Court’s Denial Of Prevailing Party Fees And Determination That There Was No Prevailing Party In Mixed Results Action

Cases: Costs, Cases: Prevailing Party

It Is Well Within The Trial Court’s Discretion To Make A Determination That Neither Party Prevailed Sufficiently To Justify An Award Of Attorney Fees.             In Ayala Boring v. HPS Mechanical, Case No. D076054 (4th Dist., Div. 1 March 19, 2021) (unpublished) – which resulted in two separate appeals – contractor defendant entered into a

Prevailing Party, Section 1717, Settlement: “Dismissal Pursuant To A Settlement Of The Case” Language In Civil Code Section 1717 Does Not Encompass Settlement With CCP § 664.6 Jurisdiction and Attorney’s Fees Clause Covering Post-Settlement Efforts

Cases: Prevailing Party, Cases: Section 1717, Cases: Settlement

Appellant’s Construction Would Thwart Settlement Efforts.             Appellant in Wash v. Wash, Case No. F077486 (5th Dist. Mar. 11, 2021) (unpublished) earlier appealed an order enforcing a settlement agreement with a contractual fees clause, an appeal that he lost.  Respondent requested appellate fees of $18,216.98, with the trial judge awarding $9,321 against appellant.  Although the fee

Costs, Deeds of Trust, Prevailing Party, Section 1717, Seriously: 4/3 DCA Affirms Mixed Results Fee Awards To One Of Two Plaintiffs Of $34,740 And A Combination Of $35,577 To Two Of Three Defendants

Cases: Costs, Cases: Deeds of Trust, Cases: Prevailing Party, Cases: Section 1717, Seriously

The Title Issue That Started It All Was Partly Corrected And Seller Resumed Payments Years Before, But The Parties Battled On All The Way To Trial – Incurring A Combined Total Of $202,299.50 In Fees, Plus Costs.             In our Mission Statement, we quote a statement made by Retired Justice Wallin in Deane Gardenhome

Appealability, Employment, Intervenors, Prevailing Party, Section 1717: Bevy Of Appealability Issues And Prevailing Party Issues Were Resolved By 4/1 DCA Dispute Between Former Employer And Employee Over Return And Use Of Documents On A Jump Drive

Cases: Appealability, Cases: Employment, Cases: Intervenors, Cases: Prevailing Party, Cases: Section 1717

Employee Did Prevail On Employer’s Contract Claims, But Lower Court’s Reduced Fee Award For Prevailing On Labor Code Claims Was No Abuse Of Discretion—Given Attorney Intervenors Did Timely Appeal And Contest Merits Based On Their Attorney’s Lien Interest In Fees/Costs Awards.             This next case, Premier Mechanical Group, Inc. v. Harvey (Edwards), Case No. D075663

Scroll to Top