Cases: Section 1717

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.

Prevailing Party, Section 1717: 2/5 DCA Affirms Trial Court’s Award Of $225,000 § 1717 Prevailing Party Attorney Fees Plus $55,000 In Appellate Attorney Fees To Defendant Succeeding On Equitable Causes Of Action

Cases: Prevailing Party, Cases: Section 1717

Although Plaintiff Prevailed On The Unlawful Detainer Claim, Defendant Obtained Greater Relief, And The Parties’ Contract Fees Provision Encompassed Both Contract And Tort Causes Of Action.             We previously discussed a prior appeal from this next case, which stemmed from a landlord/tenant dispute over the use of six parking spaces, in our May 23,

Consumer Statutes, Reasonableness Of Fees, Section 1717: $284,482.48 Attorney’s Fee/Costs Awards, Allocated Between Two Groups Of Defendants, Affirmed Under Consumer Statutes and Section 1717

Cases: Consumer Statutes, Cases: Reasonableness of Fees, Cases: Section 1717

Inadequate Record, Discretionary Apportionment Principles, And Failure To Show Abuse Of Discretion Led To Affirmance Of Awards.             Defendants apparently were shocked by a trial judge awarding a combined $284,482.48 in attorney’s fees and costs against two groups of defendants and in favor of a plaintiff in a case alleging that defendants failed to disclose

Celebrities, Prevailing Party, Section 1717: President Donald J. Trump Ordered To Pay $44,100 In Attorney’s Fees In Story Daniels Dismissed Case After It Goes Back to LASC

Cases: Celebrities, Cases: Prevailing Party, Cases: Section 1717

However, $10,030.65 Costs Request Denied.             By now, a lot of us are familiar with the Stephanie Clifford (aka Stormy Daniels) case against President Daniel J. Trump, which had been litigated both in federal courts and the Los Angeles County Superior Court (LASC).  In fact, Ms. Clifford got tagged with some SLAPP fees at the

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