Cases: Section 1717

Deeds Of Trust, Requests For Admission, Section 1717: Civil Code § 1717 And Code Civ. Proc. § 2033.420 Award Of $191,619.47 In Attorney Fees And $29,345.97 In Costs To Defendants Prevailing Against Negligence And Fraud Claims At Trial Affirmed

Cases: Deeds of Trust, Cases: Requests for Admission, Cases: Section 1717

Civil Code § 1717 Fees Are Awardable In An Action To Enforce Or, As In This Case, Avoid Enforcement Of A Contract, And Plaintiff Failed To Prove He Met Any Of The Four Exceptions To The Code Civ. Proc. § 2033.420 Mandated Fee Award For His Failures To Make Admissions.             In Yoon v. […]

Fee Clause Interpretation, Section 1717: In San Diego Real Estate Investment Dispute, One Fee Award Of $227,734.32 Reversed While Another Fee Award Of $75,262.50 Affirmed

Cases: Fee Clause Interpretation, Cases: Section 1717

Whether Fee Clause Was “On The Contract” Or Fell Within The Fee Clause Language Determined The Results In This Case.             In the attorney’s fees area in California state courts where contractual fee clauses are at issue, key issues are whether a prevailing party actually prevailed “on a contract” for fee entitlement under Civil Code

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

Fee Clause Interpretation, Section 1717: Attorney Fees Awarded To Prevailing Plaintiff On Its Tort Cause Of Action Reversed On Appeal

Cases: Fee Clause Interpretation, Cases: Section 1717

The Fees Clause In The Parties’ Contract Covered Only Contract Claims And Plaintiff’s Tort Claim Was Not Inextricably Intertwined With Its Dismissed Contract Claim.             In WindAirWest v. Castle & Cooke, Case Nos. B295513 and B299043 (2d Dist., Div. 3 January 8, 2021) (unpublished), plaintiff, an operator of a private jet charter company, entered into

Landlord/Tenant, Section 1717: Fees Award Of $80,411.50 To Prevailing Plaintiff In Commercial Lease Dispute Affirmed On Appeal

Cases: Landlord/Tenant, Cases: Section 1717

Defendant Failed To Support Its Sole Argument, Raised For The First Time On Appeal, With Evidence, Analysis Or Authority – Thus Waiving Its Only Argument On Appeal – And Its Sole Argument Asked The Appellate Court To Second-Guess The Trial Court’s Evaluation Of The Evidence.             In KJ Investment Group v. American Heritage College, Case

Allocation, Section 1717: No Abuse Of Discretion In Trial Court’s Allocation Which Reduced Plaintiff’s Fee Award To $143,257.92 From Requested $800,165.00, Nor In Its Award Of $105,000 In Fees And $4,609.77 In Costs To Prevailing Defendants

Cases: Allocation, Cases: Section 1717

Plaintiff Did Not Support Its Arguments With An Adequate Record On Appeal, Citations To The Record And Legal Authority.             Newstart Real Estate Investment v. Huang, Case No. B289513 (2d Dist., Div. 8 December 18, 2020) (unpublished) is a breach of contract, fraud, and conspiracy action involving the sale of a Las Vegas Ramada Inn. 

Landlord/Tenant, Prevailing Party, Section 1717: Reversal Of $172,375 In Attorney Fees Awarded To Defendant Based On Trial Court’s Abuse Of Discretion In Finding Defendant Was The Prevailing Party

Cases: Landlord/Tenant, Cases: Prevailing Party, Cases: Section 1717

Pursuant To Section 1717, Defendant Was Not The Prevailing Party As It Lost The Sole Cause Of Action In The Case – With The Jury Awarding $45,050 In Damages To Plaintiff For Defendant’s Breach Of The Written Lease Contract.             Waterwood Enterprises, LLC v. City of Long Beach, Case No. B296830 (2d Dist., Div. 1

Section 1717: Third District Reverses Denial of § 1717 Attorney Fees To Alter Ego Defendant Who Prevailed Against Tort Claims Following Plaintiff’s Voluntary Dismissal Of Breach Of Contract Claim

Cases: Section 1717

Court Of Appeal Followed Reasoning In MSY Trading.             Two alter ego defendants moved for Civ. Code § 1717 attorney fees subsequent to prevailing on the tort causes of action against them after plaintiff voluntarily dismissed its breach of contract claims.  The trial court determined that there was no basis for reciprocal fees on

Arbitration, Section 1717: Denial Of Plaintiff’s Petition To Compel Arbitration And Award Of $32,757.04 In § 1717 Attorney Fees To Defendant Based On Fees Provision In Arbitration Clause Affirmed On Appeal

Cases: Arbitration, Cases: Section 1717

Inconspicuous Nature Of Arbitration Clause Deprived Defendant Of Procedural Due Process, And Denial Of Plaintiff’s Petition Disposed Of The Action Entitling Prevailing Defendant To Attorney Fees Per Civil Code § 1717.             In Domestic Linen Supply Co., Inc. v. L J T Flowers, Inc., Case Nos. B292863/B294788 (2d Dist., Div. 6 December 4, 2020) (published),

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