Cases: Section 1717

Costs, Fee Clause Interpretation, Homeowner Associations, Section 1717: Trial Court Properly Denied Fee Recovery To Prevailing Defendants Under Davis-Stirling Act Or Civil Code Section 1717 And Properly Struck The Costs Memorandum

Cases: Costs, Cases: Fee Clause Interpretation, Cases: Homeowner Associations, Cases: Section 1717

Action Was Based On Tort, Not CC&Rs; Fee Clause Did Not Reach Tort Claims Under Section 1717; And Defendants Failed To Apportion Costs As Between Themselves.             In the fee area, you must have a solid fee entitlement basis and you usually have to apportion costs where there are several prevailing defendants rather than claim […]

Section 1717: Prevailing Defendant, Not A Party To A Fees Clause But Beating Alter Ego Allegations, Not Entitled To Fee Recovery Because He Was Sued For Fraud

Cases: Section 1717

Section 1717 Allows For Recovery “On A Contract,” Not For Fraud.             An individual defendant in High Sierra Properties, Inc. v. Mitchell, Case No. B280201 (2d Dist., Div. 7 March 25, 2019) (unpublished) was feeling pretty good after winning a nonsuit in which he was sued for fraud, both individually and as an alter ego

Fee Clause Interpretation, Section 1717: $40,642 Contractual Fee Recovery Affirmed On Appeal

Cases: Fee Clause Interpretation, Cases: Section 1717

Storage Facilities Had A Clear Fee Entitlement Provision, With Another Provision Not Capping Them At All—With Reasonable Fees Being The Only Limitation.             In Enjati v. Big Bear Moving, Inc., Case No. E068332 (4th Dist., Div. 2 Mar. 13, 2019) (unpublished), defendants were awarded contractual attorney’s fees after prevailing at trial on a storage facility

Homeowner Associations, Section 1717, Special Fee Shifting Statutes: Homeowner Plaintiffs In A Common Interest Development Dispute Over Assessment Liens Must Pay Prevailing Party Defendants $125,796.50 In Attorney Fees

Cases: Homeowner Associations, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Summary Judgment Hinged On Voting Rights Language In The Covenants Of The Development             The Davis-Stirling Act (Civ. Code section 4000 et seq.) governs the creation and operation of common interest developments, and requires such developments to be managed by a homeowners association, which homeowners are generally mandated to join.             In Bertoli v.

Homeowner Associations, Section 1717: One Homeowner Prevailing Over Another In Dispute Over Location Of A Fence Was Entitled To Fee Recovery Under Civil Code Section 1717

Cases: Homeowner Associations, Cases: Section 1717

Dispute Was Covered Under CC&R’s Fee Provision.             In Hunkel v. Gerhardt, Case No. H044753 (6th Dist. March 12, 2019) (unpublished), two neighboring homeowners squared off in a dispute over the placement of a fence by one homeowner group. The defendant homeowners claimed that there was no proper board of directors making a decision on

Prevailing Party, Section 1717: Plaintiff Prevails On Breach Of Contract Claims, But Is Denied Entire Attorney’s Fees Request Of $1.38 Million Due To Lack Of Attorney’s Fees Provision In Contract Under Which It Sued

Cases: Prevailing Party, Cases: Section 1717

Plaintiff Was Unable To Demonstrate That Later Contract With Fees Provisions Was Applicable To Earlier Contract Under Which It Sued.         Applied General Agency, Inc. v. Chinese Community Health Plan, Case No. G055669 (4th Dist., Div. 3 February 27, 2019) (unpublished) involved a Plaintiff insurance agency and a Defendant/Cross-Complainant insurance provider who each sued each

Prevailing Party, Section 1717: Lopsided Results Entitled Plaintiff Who Obtained Greater Relief To Fees As The Prevailing Party Under Civil Code Section 1717 Based On A Contractual Fees Clause In Written Construction Agreement

Cases: Prevailing Party, Cases: Section 1717

Trial Court’s Discretionary Decision Of No Prevailing Party Reversed On Appeal         In Advent Companies, Inc. v. SJC II/Fourth and Haven, LLC, Case No. G055609 (4th Dist., Div. 3 February 27, 2019) (unpublished), a general contractor Plaintiff and property owner/developer Defendant/Cross-Complainant entered into a written construction agreement for Plaintiff to build a 298-unit apartment complex

Fee Clause Interpretation, Section 1717: Defendant Prevailing In Easement Dispute Was Entitled To Contractual Fee Award

Cases: Fee Clause Interpretation, Cases: Section 1717

Easement Agreement Fees Clause Was Broad Enough To Allow For Fee Entitlement.             In Stark v. Ortiz, Case No. A153680 (1st Dist., Div. 5 Jan. 24, 2019) (unpublished), defendant won contractual fees in a neighboring landowner easement dispute against a plaintiff. The parties had an Easement Agreement with a fees clause encompassing “any legal action

Reasonableness Of Fees, Section 1717: $1,047,313.72 Contractual Fee Recovery To Defendants Was Not Excessive In Long-Running Litigation

Cases: Reasonableness of Fees, Cases: Section 1717

Civil Code Section 1717 Has No “Obligation-To-Pay” Requirement.             Defendants in Legendary Investors Group v. Niemann, Case No. B284736 (2d Dist., Div. 4 Jan. 16, 2019) (unpublished) prevailed in a long-running suit against plaintiff involving commercial loan and guaranty documents. Defendants, as prevailing parties, requested fees of $1,061,208.22, with the lower court awarding $1,047,313.72. Plaintiff

Deed Of Trust, Section 1717: Statutory Duties To Reconvey In Quiet Title Action Allowed Prevailing Party To Obtain Fees Under Contractual Clause Incorporating Those Duties

Cases: Deeds of Trust, Cases: Section 1717

Integrated Loan Document Transaction Governed The Result.             In Heier v. Barnett, Case No. G054785 (4th Dist., Div. 3 Jan. 10, 2019) (unpublished) the appellate court affirmed an award of attorney’s fees to a prevailing party under a contractual fees clause in a quiet title dispute. The appellate court affirmed the fee award. The prevailing

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