Cases: Section 1717

Employment, Section 1717: Defendant Winning Independent Contractor Determination Against Real Estate Agent Under Labor Commissioner And De Novo Superior Court Action Was Entitled To $72,519.03 In Fees

Cases: Employment, Cases: Section 1717

Fees Were Justified Based On Broad Contractual Fees Clause.             In Peng v. F.M. Tarbell Co., Case No. B307484 (2d Dist., Div. 2 May 27, 2021) (unpublished), a plaintiff—a licensed real estate agent—lost a fight on whether he was an employee, versus an independent contractor, both at a Labor Commissioner and a superior court de […]

Allocation, Indemnity, Section 1717, Seriously: 4/1 DCA Affirms $6,000 Damages Award And $143,183.55 Out Of Requested $572,730.11 § 1717 Fees To Prevailing Breach Of Contract Plaintiff Who Proved $1,463,745 In Damages At Trial

Cases: Allocation, Cases: Indemnity, Cases: Section 1717, Seriously

Plaintiff’s Failure To Conduct Due Diligence Prior To Entering Into Commercial Lease And Failure To Mitigate Damages Once Problems Arose Left Him Upside-Down By More Than A Million Dollars When All Was Said And Done             Sherwood v. Vogele, Case No. D076776 (4th Dist., Div. 1 May 7, 2021) (unpublished) highlights the importance of

Allocation, Multipliers, Section 1717, Substantiation Of Reasonableness Of Fees: Reversal And Remand Were In Order Where Trial Court Believed It Did Not Have Authority To Apply A Negative Multiplier In An Award Of Attorney Fees

Cases: Allocation, Cases: Multipliers, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

Invoices Submitted In Support Of Plaintiff’s § 1717 Fees Motion Were Extensively Redacted And Contained Vague Block-Billing, Which Offered The Trial Court No Way To Meaningfully Apportion Time Between Causes Of Action.             After defeating defendant’s cross-claim breach of contract cause of action, plaintiff moved for Civ. Code § 1717 attorney fees of $939,600.50, which

Fee Clause Interpretation, Retainer Agreements, Section 1717: Postjudgment Order Awarding Attorney $1,232,735 In § 1717 Fees And Costs Incurred Defending Against Former Client’s Tort And Contractual Claims And Cross-Claim For Unpaid Fees Affirmed

Cases: Fee Clause Interpretation, Cases: Retainer Agreements, Cases: Section 1717

Retainer Agreement’s Broadly-Worded Fee Provision Allowed For Recovery Of Fees For Attorney’s Defense Of All Claims By Former Client, Including Tort Claims – The Defense Of Which Were Necessary To Defeat The Contractual Claim.             In Singh v. Molnar, Case No. B303366 (2d Dist., Div. 7 April 30, 2021) (unpublished), defendant attorney was awarded $1,232,735

Section 1717: $102,036.50 Contractual Fees Award Affirmed Where Certain Arguments For Reduction Were Forfeited And Prevailing Party’s Majority Shareholder Status In Prevailing Party Did Not Result In Trope Disqualification

Cases: Section 1717

Trial Judge Did Reduce Award From Requested $132,036.50 In Fees, Despite Prevailing Party Winning Only $16.259.41 In Compensatory Damages.             Westside Investments, Inc. v. Dolberry, Case No. B299033 (2d Dist., Div. 7 Apr. 20, 2021) (unpublished) was a situation where plaintiff won a contractual case involving an automobile lease to the tune of $16,259.41 in

Deeds of Trust, Section 1717: Deed Of Trust Clause Allowing Fees To Be Added To Debt Did Not Create Civil Code Section 1717 Right To Fees In Favor Of Prevailing Borrower

Cases: Deeds of Trust, Cases: Section 1717

2/1 DCA Followed Analysis In Hart and Chacker.             In 8747 Shoreham, LLC v. Bank of New York Mellon, Case Nos. B294377/B296777 (2d Dist., Div. 1 Apr. 2, 2021) (unpublished), a decades-old real property dispute, owner obtained a default judgment against a deed of trust holder and then moved to recover attorney’s fees as prevailing

Fee Clause Interpretation, Section 1717: $795,728 Fee Award To Litigant Affirmed On Appeal Based On Broad Stock Purchase Agreement Fees Clause, But $926,170 Fee Request Properly Denied As Untimely As Well As Not Allowed Under Promissory Notes Fees Clause

Cases: Fee Clause Interpretation, Cases: Section 1717

In The End, This Dispute Was Driven By The Fee Clauses “Four Corner” Interpretation.             Justice Fybel, as the authoring justice in Dohr v. Lintz, Case Nos. G056144/G058796 (4th Dist., Div. 3 Mar. 24, 2021) (unpublished), was faced with consolidated appeals where a $795,728 fee award was trying to be sustained and where a $926,170

Fee Clause Interpretation, Section 1717, Unlicensed Contractor: Section 1717 Fees Of $231,834 To Defendant Prevailing Against Statutory Claims Affirmed “Because Of” Broad Fee Provision In Parties’ Contract

Cases: Fee Clause Interpretation, Cases: Section 1717, Cases: Unlicensed Contractors

Parties’ Fee Provision Encompassed Tort and Statutory Causes Of Action Commenced “Because Of” An Alleged Breach Of Contract.             In San Francisco CDC LLC v. Webcor Construction L.P., Case Nos. A156669/A157650 (1st Dist., Div. 1 March 19, 2001) (published), plaintiff paid defendants approximately $144 million for the construction of a hotel in San Francisco.  Eight

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

Arbitration, Fee Clause Interpretation, Reasonableness Of Fees, Section 1717: $1,237,501 Million Fee Award For Arbitration, Creditors Action, And Related Proceedings Affirmed On Appeal

Cases: Arbitration, Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees, Cases: Section 1717

Broad Fee Clauses Were The Bases For The Affirmed Award.             In Currency Corp. v. Wertheim, LLC, Case No. B276506 (2d Dist., Div. 1 Mar. 2, 2021) (unpublished), Wertheim initiated legal proceedings spanning 15 years, culminating in an arbitration in which it achieved nothing (according to the DCA panel) because part of the award was

Scroll to Top