Cases: Section 1717

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 March 12, 2019) (unpublished), two neighboring homeowners squared off in a dispute over the placement of a fence by one homeowner group.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 Applied General Agency, Inc. v. Chinese Community Health Plan, Case No. G055669 (4th Dist., Div. 3 February 27, 2019) (unpublished) involved a Plaintiff insurance agency and a Defendant/Cross-Complainant insurance provider who each sued each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     In Advent Companies, Inc. v. SJC II/Fourth and Haven, LLC, Case No. G055609 (4th Dist., Div. 3 February 27, 2019) (unpublished), a general contractor Plaintiff and property owner/developer Defendant/Cross-Complainant entered into a written construction agreement for Plaintiff to build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             In Stark v. Ortiz, Case No. A153680 (1st Dist., Div. 5 Jan. 24, 2019) (unpublished), defendant won contractual fees in a neighboring landowner easement dispute against a plaintiff.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

Construction, Section 1717: Defendant Prevailing On Only One Payment Withholding Issue Not Entitled To Fee Recovery Under Prompt Payment Statutes And Plaintiff Only Entitled To Reasonable Fees Under Contractual Fees Clause

Cases: Construction, Cases: Section 1717

Plaintiff’s Request For Full Fees Ignores That Section 1717 Only Allow For Recovery Of Reasonable Fees.             Co-contributor Mike knew right away that McMahon Steel Co. v. Angeles Contractor, Inc., Case No. G054053 (4th Dist., Div. 3 Dec. 3, 2018) (unpublished) was written by Acting Presiding Justice Bedsworth. Here is how it opens: “The

Deeds Of Trust, Prevailing Party, Section 1717: Where Lender Did Get Ruling Saying Plaintiff Had To Repay Loan, That Was A Prevailing Party Determination

Cases: Deeds of Trust, Cases: Prevailing Party, Cases: Section 1717

Section 1717 Governed In This One, Given Broad Fees Clause In Deed Of Trust.             In PNG Investments, Inc. v. RG Real Estate Investments, Case No. B280229 (2d Dist., Div. 3 Nov. 20, 2018) (unpublished), plaintiff/cross-defendant won a real estate loan dispute against defendant/cross-complainant. Later, the trial judge awarded plaintiff/cross-defendant contractual attorney’s fees under a

Section 1717: Lower Court Improperly Awarded Attorney’s Fees To Plaintiffs Under A Post-Dismissal Settlement Agreement Because Easement Dispute Was Contractual, Not Based On Tort Theories

Cases: Section 1717

Santisas Controlled The Result In This One.             In Cho v. Hamilton Court, LLC, Case No. B282399 (2d Dist., Div. 4 Nov. 13, 2018) (unpublished), parties reached a settlement agreement with a fees clause relating to any action or arbitration “to enforce the terms or conditions [of the easement agreement],” after dismissing a breach of

Common Fund, Homeowner Associations, Section 1717: Developers Properly Denied $1.950 Million In Attorney’s Fees Against HOA Under Either Civil Code Section 1717 Or The Common Fund/Substantial Benefit Doctrine

Cases: Common Fund, Cases: Homeowner Associations, Cases: Section 1717

HOA Would Not Have Been Entitled To Fees If It Had Won, So Developers Did Not Prevail, With Equitable Doctrines Not Supplying An Anchor For An Award.             Market Lofts Community Assn. v. 9th Street Market Lofts, LLC, Case Nos. B280446/B282412 (2d Dist., Div. 2 Nov. 13, 2018) (unpublished) involved a case where an HOA

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