Cases: Section 1717

Allocation, Section 1717: Where Trial Court Ordered Apportionment, Which Prevailing Parties Could Not Accomplish, 27% Of Requested Fee Award Was The Result

Cases: Allocation, Cases: Section 1717

Prevailing Parties’ Counsel Passed, But The Lower Court Gave An Opportunity To Allocate—They Could Not, But It Is The Fee Claimants’ Burden Of Proof. The result in Choy v. Ribeiro Development, Inc., Case No. C100831 (3d Dist. Sept. 1, 2026) (unpublished) may at first blush seem harsh, but it is a fee claimant’s burden to justify […]

Section 1717: Contractual Attorney’s Fees To Defendant Where Plaintiff Wanted To Dismiss Entire Action After An Adverse Demurrer Ruling On One Claim Was Reversed On Appeal

Cases: Section 1717

Lower Court Erred By Not Entering The Entire Dismissal, Which Triggered The Santisas Bar For An Award Of Civil Code Section 1717 Fees. In Shayan v. Shakib, Case No. B337559 (2d Dist., Div. 1 Aug. 27, 2026) (unpublished), plaintiff sued defendant under various loan transactions having promissory notes with prevailing party, contractual fee clauses.  After some

Landlord/Tenant, Nonsignatories, Section 1717: Out Of Two Defendants Claiming To Be Prevailing Parties Under A Contractual Lease Clause, Neither Was Entitled To Fees

Cases: Landlord/Tenant, Cases: Nonsignatories, Cases: Section 1717

One Defendant Was Found To Forfeit All Rights Under The Lease On Summary Adjudication, And The Other Was Not A Lease Signatory.  In Morales v. Wang, Case No. B346779 (2d Dist., Div. 2 Aug. 12, 2026) (unpublished), after plaintiffs accepted a defense CCP § 998 offer which was silent on attorney’s fees, plaintiffs moved for

Landlord/Tenant, Mediation, Section 1717: $69,560 Fee Award To Tenant For Defensing An Unlawful Detainer Suit Based On A Defective Notice To Cure Or Quit Is Affirmed

Cases: Landlord/Tenant, Cases: Mediation, Cases: Section 1717

Mediation Noncompliance And Fee Cap Arguments Are Rejected On Appeal. In Karrass v. Carey, Case No. B344608 (2d Dist., Div. 8 July 30, 2026) (unpublished), tenant defensed a landlord in an unlawful detainer action based on an alleged notice to cure violations or quit, a notice found deficient.  Later, the trial court awarded tenant prevailing

Fee Clause Interpretation, Partition, Section 1717: Denial Of 1717 Fees Reversed; Grant Of Partition Fees Reversed But Without Prejudice To Renew In The Future

Cases: Fee Clause Interpretation, Cases: Partition, Cases: Section 1717

Gives A Potential Litigant Over A Jointly Inherited House A Chance To Obtain Some Trial And Appellate Fees In The Future. Tran v. Tran, Case No. H052186 (6th Dist. July 28, 2026) (unpublished) involved a real dispute between two siblings jointly inheriting a house from their father.  As many cases devolve to, the main clash

Prevailing Party, Section 1717: District Prevailing In Percentage Lease Dispute Under Contractual Leases Was Properly Awarded $137,400 In Attorney’s Fees

Cases: Prevailing Party, Cases: Section 1717

Contractual Ambiguity Challenges Did Not Resonate, Because Not Raised Below. In Ventura Harbor Restaurant Associates, Inc. v. Ventura Port Dist., Case No. B344145 (2d Dist., Div. 6 July 9, 2026) (certified for publication, after being filed on June 15, 2026 as an unpublished opinion), the appellate court affirmed a $137,400 contractual attorney’s fees award under

Allocation, Fee Clause Interpretation, Section 1717:  Attorney’s Fees Award In Favor Of Non-Signatory, Alter Ego Targets Was Reversed And Remanded

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Section 1717

On Remand, Only Contract Claim Work Could be Awarded, Not On Non-Contract Claims—Lower Court Vested With Discretion To Allocate On Remand. McCain v. Edwards, Case No. C101256 (3d Dist. May 14, 2026) (unpublished) is a very contested case where, eventually, some non-signatory, alter ego targets evaded exposure where the contract between the predicate signatory and

Section 1717: Court Of Appeal Affirms Fee Award, Confirming That A Notice Of Motion For An Attorney’s Fee Request Does Not Have To Specifically Recite The Contract Which Was A Predicate For The Fee Motion

Cases: Section 1717

General Reference To The Parties’ Contract Sufficed. Yellow Dog Holdings, LLC v. Regions Bank, Case No. G064613 (4th Dist., Div. 3) (May 12, 2026) (unpublished), authored by Justice Sanchez, did deal with a procedural issue we have seen frequently argued.  The notice of motion for attorney’s fees referenced the parties’ contract, but it did not

POOF!, Section 1717: Because Plaintiff’s Declaratory Relief Action Was Moot, The Ensuing $165,000 Fee Award Under Section 1717 Went POOF! As A Matter Of Law

Cases: POOF!, Cases: Section 1717

Lower Court Should Have Dismissed The Case, Not Enter Judgment In Plaintiff’s Favor. In Currency Corp. v. The Pullman Group LLC, Case Nos. B340592 et al. (2d Dist., Div. 1 Mar. 27, 2026) (unpublished), a long-running battle involving enforceability of a contract assigning royalties to defendants, the lower court entered a declaratory relief judgment in

Scroll to Top