Cases: Section 1717

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 B295513 and B299043 (2d Dist., Div. 3 January 8, 2021) (unpublished), plaintiff, an operator of a private jet charter company, entered into […]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             Newstart Real Estate Investment v. Huang, Case No. B289513 (2d Dist., Div. 8 December 18, 2020) (unpublished) is a breach of contract, fraud, and conspiracy action involving the sale of a Las Vegas Ramada Inn.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),

Section 1717: Where Losing Party Took The Position In His Complaint And Summary Judgment Opposition That There Was A Contract, He Was Properly Hit With $178,378.50 In Contractual Attorney’s Fees

Cases: Section 1717

However, A Litigant Which Was Not A Party To The Contract, Had A $97,278.50 Fee Award Reversed.             If you are a litigant and take the position that there was a contract in a complaint and in opposing a summary judgment motion, you better stick with that position.  Courts will not look kindly to shifting

Section 1717: Easement Interference Dispute Involved Interpretation Of CC&Rs, Such That It Was “On The Contract” And Justified Hefty Contractual Fees Award

Cases: Section 1717

Lengthy Dispute Supported Adverse Award Of Over $1.45 Million Against Losing Parties And In Favor Of Two Groups Of Prevailing Parties.             In line with our Mission Statement that "[a]ll too often attorney fees become the tail that wags the dog in litigation,” the next case—a contentious easement interference dispute between parties farming on three

Section 1717: No Error In Trial Court’s Denial Of Prevailing Defendants’ Request For Code Of Civil Procedure Section 1717 Attorney Fees Of $274,672.50 And Costs Of $31,150.71

Cases: Section 1717

Defendants’ Section 1717 Motion For Fees And Costs Was Based On An Attorney Fees Provision Contained In An Agreement Summarizing The Parties’ Oral Agreements That Was Never Signed, And Plaintiffs Included Only A Generic Prayer For Fees In Their Complaint Without A Source For The Request.             In Magco Drilling v. Neville, Case No.

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