Cases: Section 1717

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

Landlord/Tenant, Section 1717: Property Tenant Not Signing Lease Modification Properly Denied Fees On Numerous Theories

Cases: Landlord/Tenant, Cases: Section 1717

Civil Code Section, Third-Party Beneficiary, Equitable, And Judicial Estoppel Arguments Did Not Prevail.             In Onerent, Inc. v. Galanter, Case No. H046916 (6th Dist. Aug. 11, 2020) (unpublished), an occupant, who thought she was co-tenant, eventually prevailed against a landlord, although the proof showed she never executed lease modifications to make her a true tenant. 

Judgment Enforcement, Section 1717: In A Case Of First Impression, The 4/3 DCA Affirms Section 1717 Attorney Fees To Prevailing Alter Ego Defendant In An Enforcement Action For An Underlying Breach Of Contract Judgment

Cases: Judgment Enforcement, Cases: Section 1717

Prevailing Alter Ego Defendant Would Have Been Entitled To Section 1717 Fees For Defeating Plaintiffs’ Claims If Made In The Underlying Action Even Though He Was Not A Signatory On The Contract.             In MSY Trading Inc. v. Saleen Automotive, Inc., Case No. G057093 (4th Dist., Div. 3 June 26, 2020) (published), judgment creditor

Reasonableness Of Fees, Section 1717: Summary Judgment And Attorney Fees Awarded Against Borrowers Who Defaulted On Commercial Property Loan Affirmed On Appeal

Cases: Reasonableness of Fees, Cases: Section 1717

Borrowers Repeatedly Failed To Cite To The Record – Thus Forfeiting Their Arguments – But Awarded Fees Were Nonetheless Reasonable.             In Polycomp Trust Co. v. Agbede, Case Nos. E070613 and E071376 (4th Dist., Div. 2 June 15, 2020) (unpublished), borrowers defaulted on their commercial property loan and their four lenders successfully filed an

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