Prevailing Nonsignatory Defendants, Who Are Sued On A Contract As If A Party To It, Are Entitled To Fees Where Plaintiff Would Be Entitled If Prevailing In Enforcing Contractual Obligation Against Defendant. In Town & Country etc. v. King City etc., Case Nos. B296864/B303927 (2d Dist., Div. 5 January 29, 2021) (unpublished), two […]
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.
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
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
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 B295513 and B299043 (2d Dist., Div. 3 January 8, 2021) (unpublished), plaintiff, an operator of a private jet charter company, entered into
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
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 Newstart Real Estate Investment v. Huang, Case No. B289513 (2d Dist., Div. 8 December 18, 2020) (unpublished) is a breach of contract, fraud, and conspiracy action involving the sale of a Las Vegas Ramada Inn.
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
Reason Is That There Was No True Attorney’s Fees Clause, Just One Where It Was Added As Additional Debt. Borrower in Tang v. JPMorgan Chase Bank, N.A., Case Nos. H045898/H046697 (6th Dist. Dec. 9, 2020) (unpublished) was not happy when he lost challenges to a nonjudicial foreclosure by the lender under a deed of
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
