Cases: Section 1717

Fee Clause Interpretation, Prevailing Party, Section 998, Section 1717: In A 2-1 Split Decision, 2/5 DCA Affirms $28,000 Contractual Fee Award To Prevailing Tenants Based On An Entered CCP § 998 Judgment And On Residential Lease Fee Provisions

Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998

Majority And Dissenting Justice Disagreed On The Meaning Of A $500 Fee Cap Provision When Another Provision Discussed Additional Fees Being Within Play.             We know from 511 S. Park View, Inc. v. Tsantis, 240 Cal.App.4th 44, 48 (2015) [discussed in our October 10, 2015 post] that courts will honor a contractual “cap” of fees […]

Fee Clause Interpretation, Section 1717: Fraud-Based Claim Upon Narrow Unilateral Fees Clause Was Not Broad Enough To Allow Fees To Prevailing Fraud Plaintiffs

Cases: Fee Clause Interpretation, Cases: Section 1717

However, Appellate Court Reversal Of Guaranty Rescission Denial Did Trigger Fee Recovery Under Broad Bilateral Fees Clause.             If readers follow us over the years (or if you are new to us, welcome), the actual wording of a contractual attorney’s fees clause can be critical in terms of whether it allows fee entitlement.  The disparate

Prevailing Party, Section 998, Section 1717: Host Of Section 1717 And 998 Issues Are Considered In Attorney’s Fees Dueling Requests

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

Equitable Claims Can Be “On The Contract,” Parties Losing On Their Complaint And Cross-Complaint Meant That Neither Side Prevailed; One Litigant Beat 998 Offer Based On Non-Monetary Value And The Fact That The Composite Joint Nature Of Offer Had To Be Considered, But Matter Had To Be Remanded For Prevailing Party Determination Based On An

Appeal Sanctions, Fee Clause Interpretation, Section 1717: Absence Of Appropriate Fees Clause Doomed Prevailing Defendants’ Request For $621,328.34 In Attorney’s Fees

Cases: Appeal Sanctions, Cases: Fee Clause Interpretation, Cases: Section 1717

However, Plaintiffs/Appellants And Their Appellate Counsel Sanctioned $44,654.64 For Frivolous Appeal.             In J.B.B. Investment Partners Ltd. v. Fair, Case Nos. A152877/A153698 (1st Dist., Div. 2 June 4, 2019) (unpublished), plaintiffs prevailed on a breach of contract count through a summary adjudication motion based on defendants’ breach of a settlement agreement and a lot of

Employment, Section 1717: Labor Code § 218.5(a), Requiring Bad Faith For Losing Plaintiff In Wage Nonpayment Case To Face Fee Exposure, Prevails In Wage Claim Case Inextricably Intertwined With Contract Fees Clause Allowing Fees to Prevailing Employer

Cases: Employment, Cases: Section 1717

Section 218.5(a)’s Policy Prevailed Over Section 1717 In This Instance.             Dane-Elec Corp. v. Bodokh, Case No. G055312 (4th Dist., Div. 3 May 24, 2019) (partially published; fee discussion published) involved the collision between two fee entitlement provisions—Labor Code section 218.5(a) and Civil Code section 1717.             Labor Code section 218.5(a) is a unilateral-fee shifting

Probate, Section 1717: Prevailing Trustee Lost Bid Against Sister Beneficiary Because Sister’s Trustee Removal Petition Was Not Brought In Bad Faith And No Contract Provided Fee Entitlement Basis Against Sister Under Civil Code Section 1717

Cases: Probate, Cases: Section 1717

Probate Code Section 15642(d) Was Other Fee Entitlement Basis, But Rejected Below.             In Meyers v. Meyers, Case No. A154912 (1st Dist., Div. 5 May 23, 2019) (unpublished), two sisters—one of which was trustee and other of which a beneficiary along with the trustee sister—got entangled in a battle when trustee sold a property to

Appealability, Section 1717: $9,000 SLAPP Fee Award Affirmed Given That Trial Court Invited It Through An Amended Motion

Cases: Appealability, Cases: Section 1717

Appeal Of Prior Merits Addition Of New Judgment Debtor Order Did Not Divest Trial Court Of Jurisdiction To Rule On Fee Motion.             In SMA Liquidating Corp. v. Leech Tishman Fuscaldo & Lampl, LLP, Case No. B287960 (2d Dist., Div. 7 May 13, 2019) (unpublished), the trial judge allowed a second request for consideration of

Fee Clause Interpretation, Section 1717: Post-Arbitration Fee Request Denied Because Contract For Which Entitlement Sought Was Never Submitted For Judicial Review

Cases: Fee Clause Interpretation, Cases: Section 1717

Myriads Of Other Bases For Fee Entitlement, First Introduced On Appeal, Rejected.             If you are going to seek fee recovery, make sure you put forth all of your bases for fee entitlement at the trial court level. The fee claimant in Glass v. Veros Credit, LLC, Case No. G055257 (4th Dist., Div. 3 April

Homeowner Associations, Private Attorney General, Section 1717: Defendant Homeowners Winning A Tree Dispute With Another Homeowner Neighbor Rightfully Denied Attorney’s Fees Under CC&Rs, Civil Code Section 1717, And Private Attorney General Statute

Cases: Homeowner Associations, Cases: Private Attorney General (CCP 1021.5), Cases: Section 1717

However, A Dissenting Justice Would Have Found Fee Entitlement Under CC&Rs And Section 1717.            The next case, Shah v. Ross, Case No. B286783 (2d Dist., Div. 5 April 25, 2019) (unpublished), involved a situation where defendants/homeowner neighbors won a tree dispute initiated by fellow plaintiff homeowner. Defendants then sought fees under a CC&Rs fees clause,

Indemnity, Prevailing Party, Section 1717: Trial Court Erred In Denying Contractual Fees To Owner And General Contractor’s Surety Such That A Remand Was Required—There Was A Fees Clause, Not Just An Indemnity Provision

Cases: Indemnity, Cases: Prevailing Party, Cases: Section 1717

However, Appellate Court Acknowledged That Results Were Decidedly Mixed, But Any Prevailing Party Determination Was To Be Made By Lower Court             Driving multiple trips to the appellate court were the parties’ claims for attorney’s fees, something we have seen often and one of the things which inspired this blog.             In John Russo Industrial

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