Cases: Section 1717

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 Aug. 11, 2020) (unpublished), an occupant, who thought she was co-tenant, eventually prevailed against a landlord, although the proof showed she never executed lease modifications to make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

Section 1717: Award To Prevailing Defendant Of $26.8 Million, Out Of Requested $42 Million, In Civil Code Section 1717 Attorney Fees Reversed As Premature When Appellate Panel Reverses Trial Court’s Granting of Judgment On The Pleadings

Cases: Section 1717

2/3 DCA Did Not Reach The Merits Of Plaintiff’s Argument Against The Fees Award As The Award Necessarily Fell With Reversal Of The Judgment             Shell Oil v. Barclay Hollander, Case No. B289505 (2d Dist., Div. 3 June 5, 2020) (unpublished), involves a hotly contested action brought by Shell Oil seeking indemnification for environmental

Section 1717: $1.36 Million Fee Award Affirmed Because Defendant Successor Stood In The Shoes Of Litigants Liable For Contractual Fees

Cases: Section 1717

Non-Local Counsel Rates Of A Higher Nature Approved Because No Authorities Showed That They Could Not Be Imposed Under Section 1717, Given Lower Fees Were Used Anyway.             In Patterson Frozen Foods, Inc. v. California Valley Land Co., Case No. H047357 (6th Dist. May 28, 2020) (unpublished), one group of defendants who were alleged to

Partition, Prevailing Party, Section 1717: Denial Of Section 1717 Attorneys’ Fees To Partially Successful Defendant In Partition Action Affirmed

Cases: Partition, Cases: Prevailing Party, Cases: Section 1717

Defendant Moved Under Civil Code Section 1717 Claiming Entitlement To Fees Pursuant To A Settlement Agreement She Unsuccessfully Sought To Enforce.             In Carmody v. Mayne, Case No. D076197 (4th Dist., Div. 1 March 30, 2020) (unpublished) Plaintiff and Defendant entered into an oral agreement to jointly purchase a single family home as an

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