Cases: Section 1717

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Reversal Of The Judgment             Shell Oil v. Barclay Hollander, Case No. B289505 (2d Dist., Div. 3 June 5, 2020) (unpublished), involves a hotly contested action brought by Shell Oil seeking indemnification for environmental […]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 May 28, 2020) (unpublished), one group of defendants who were alleged to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             In Carmody v. Mayne, Case No. D076197 (4th Dist., Div. 1 March 30, 2020) (unpublished) Plaintiff and Defendant entered into an oral agreement to jointly purchase a single family home as an

Fee Clause Interpretation, Prevailing Party, Section 1717: Defendant Successfully Challenging Plaintiff’s Trial Court Fee Request, Where Plaintiff Declared Prevailing Party Under Contract, Was Not Entitled To Attorney’s Fees As The Prevailing Party

Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Section 1717

Defendant’s Limited Appellate Court Win Before Did Not Mean He Prevailed—There Can Only Be One!             Defendant lost an arbitration to plaintiffs who were declared prevailing parties under a contract by the arbitrator.  Plaintiffs moved for recovery of contractual attorney’s fees under Civil Code section 1717, a request granted by the trial court but then

Allocation, Section 1717, Special Fee Shifting Statutes: Denial of Section 1717 Fees To Prevailing Defendants/Cross-Complainants Affirmed, But Reversed As To Denial Of Code Civ. Proc. Section 1021.9 Fees

Cases: Allocation, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Defendants/Cross-Complainants Were Entitled To Statutory Section 1021.9 Fees After Prevailing On Trespassing Claims.             In Kelly v. Gregory House, Case Nos. A153735 and A153184 (1st Dist., Div. 1 March 23, 2020) (unpublished), Defendants/Cross-Complainants own and operate a 40-acre organic farm, and had leased 35 additional acres from an adjacent neighbor in order to expand

Costs, Prevailing Party, Section 998, Section 1717: Trial Court Order Denying All Attorney’s Fees And Costs To Defendants Reversed On Appeal

Cases: Costs, Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998

Defendants Will Be Entitled To Substantial Fees/Costs On Remand, Not To Mention An Attempt To Garner Even More Fees.             This next case is a very substantial reverse of fortune on appeal.  So, that takes us to posting on Abregov v. Lawrence, Case No. G056866 (Abregov II) (4th Dist., Div. 3 Mar. 19, 2020) (unpublished).

Probate, Section 1717: Attorney’s Fee Award Of $172,885 Affirmed Against Attorney/Law Firm Who Assisted Free-Lance Paralegal In Converting, To Free-Lance Paralegal’s Benefit, The Inheritance Of A Vulnerable, Impoverished, Paraplegic Beneficiary

Cases: Probate, Cases: Section 1717

The Trial Court Properly Awarded The Fees Pursuant to Civil Code Section 1717 Based On Provisions In The Escrow Agreement Drafted By Attorney/Law Firm Even Though That Agreement Was Determined By The Trial Court To Be Invalid.             The 2/8 DCA described this next case as being “prompted by a sordid chain of events,”

Deadlines, Retainer Agreements, Section 1717: 4/1 DCA Affirms $108,848.50 Attorney Fees Award To Prevailing Plaintiff Attorney For Work In Seeking Unpaid Fees And In Defending Against Former Client’s Cross-Complaint

Cases: Deadlines, Cases: Retainer Agreements, Cases: Section 1717

Balance Of Unpaid Fees And Costs Were $31,147.17 When Former Client Stopped Making Agreed-Upon Monthly Installment Payments Of $200.             In Delisi v. Wagner, Case Nos. D074728 and D075506 (4th Dist., Div. 1 January 27, 2020) (unpublished), an attorney sued his former client for unpaid fees and costs when Former Client stopped making monthly

Section 1717: Client’s Suit Against Disbarred Attorney’s Law Partner Was On The Contract Under Civil Code Section 1717

Cases: Section 1717

Trial Judge’s Denial Of Fees Was Error, But He Protectively Decided Only 10% Of Winner’s Claimed Fees Were Reasonable—With The Appellate Court Modifying The Judgment To Award This Amount!             This next one is interesting to show how trial judges can “protectively” express what attorney’s fees should be even though denying the request.  By doing

Section 1717, Settlement: Settlement Agreement Silent As To Allocation Of Attorney’s Fees/Costs Did Not Bar Section 1717 Fee Recovery By Prevailing Alter Ego Defendant

Cases: Section 1717, Cases: Settlement

$15,806.50 Fee Recovery Affirmed, Plus Fees/Costs On Appeal.             The next case shows how one needs to make fees/costs recovery explicit under a settlement agreement; if not, a later prevailing party not involved may get attorney’s fees and costs.            In J Sylvester Construction, Inc. v. Standeford, Case No. G057337 (4th Dist., Div. 3 Jan.

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