Cases: Prevailing Party

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             In a somewhat complimentary unpublished decision to Harris v. Rojas (a Second District decision we posted on recently), the Third District in Winchester Community Assn.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 July 20, 2021) (unpublished) had to review a discretionary “prevailing party” […]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 G059418 (4th Dist., Div. 3 June 24, 2021) (unpublished), plaintiffs corporation and its sole shareholder/CEO entered into an Asset Purchase Agreement and Plan of Reorganization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             In Champir v. Fairbanks Ranch Assn., Case No. D077384 (4th Dist., Div. 1 June 22, 2021) (unpublished), plaintiffs sued homeowners’ association for breach of the CCR’s stemming from association’s decision to install traffic lights at a location not approved by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

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

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