Cases: Section 1717

Consumer Statutes, Landlord-Tenant, Section 1717: Tenant Prevailing On Common Law Residential Inhabitability Claim Limited To Contractually-Capped Fees Of $1,600

Cases: Consumer Statutes, Cases: Landlord/Tenant, Cases: Section 1717

Although More Fees Potentially Allowable Under Statutory Inhabitability Claim, Jury Did Not Base Its Verdict On The Statute Such That Contractually Capped Amount Was The Proper Award.             This next case involves an intersection between the parties’ contractually capped fee recovery under lease agreements and potentially more expansive damages under a statute allowing recovery for […]

Prevailing Party, Probate, Section 1717: 1/1 DCA Affirms “No Prevailing Party” Determination In Hotly Contested Probate Promissory Note Dispute Between Two Siblings

Cases: Prevailing Party, Cases: Probate, Cases: Section 1717

Although Trial Court Lacked Jurisdiction Over The Dispute In California, Fee Denials On Dueling Motions Was Justified Because Siblings Had To Await Determination In Texas Action.             In Savage v. Savage, Case No. A150984 (1st Dist., Div. 1 Oct. 15, 2018) (unpublished) [parenthetically, maybe a good case name for court disputes – no?], two siblings

Section 1717: Attorney’s Fees Award Under Asset Purchase Agreement Fees Clause Reversed As To Certain Losing Non-shareholder Plaintiffs Because They Could Not Sue Derivatively

Cases: Section 1717

Lack Of Derivative Standing Required Reversal Of Fee Award Obtained By Some Defendants Against Losing Non-shareholder Plaintiffs.             In Jarrett v. Diversis Management LLC, Case Nos. B277855/B279242 (2d Dist., Div. 1 Oct. 10, 2018) (unpublished), plaintiffs filed a derivative suit against a number of defendants, losing on a summary judgment motion which was affirmed on

Prevailing Party, Section 1717: Trial Court Properly Denied Section 1717 Fees To Plaintiff Winning $338,750 And To Cross-Complainant Winning $32,960

Cases: Prevailing Party, Cases: Section 1717

Neither Side Obtained Complete Success, With Both Suffering Significant Defeats In The Overall Litigation.             Both sides in 12400 Stowe Drive, LP v. Cycle Express, LLC, Case No. D069738 (4th Dist., Div. 1 Sept. 28, 2018) (unpublished) were unhappy that the trial judge found neither to be the “prevailing party” based on a lease fees

Prevailing Party, Section 1717: Plaintiff’s Nonsignatory Successor In Interest Liable For Atty’s Fees After Losing Primary Litigation Objectives In Judicial Foreclosure Action And In Cross-Complaint Asking For Declaration No Further Repayment Of Loan

Cases: Prevailing Party, Cases: Section 1717

Although Parties Settled, The Settlement Agreement Preserved The Prevailing Party’s Ability To Recoup Fees.             Plaintiff’s successor under certain loan documents brought a judicial foreclosure action against defendant borrower, who brought a declaratory relief cross-complaint claiming repayments all had been timely made. During the course of the litigation, a bank produced information showing that the

Partition, Prevailing Party, Section 1717: $99,761.46 Litigant Prevailing In Undeveloped Land Partition By Sale Dispute Was Entitled To Recovery

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

Litigant Awarded Fees Did Prevail Under CCP §§ 874.010/874.040 And Civil Code Section 1717.             In Shadab v. Goldberg, Case No. B277925 (2d Dist., Div. 6 Aug. 22, 2018) (unpublished), one side won a partition by sale of undeveloped land, with the trial court eventually awarding attorney’s fees of $99,761.46 after finding the fee claimant

Mediation, Section 1717: $1 Million Fee Recovery to Alter Ego Defendant Affirmed On Appeal

Cases: Mediation, Cases: Section 1717

Alter Ego Theory Supported Fee Entitlement, With Alter Ego Individual Defendant Not Having To Satisfy Mediation Condition Precedent Clause In The Purchase Agreement.             In Pasternack v. McFarland, Case No. D073283 (4th Dist., Div. 1 Aug. 17, 2018) (unpublished), plaintiff brought both contract and tort claims against various businesses and individuals (including alter ego theories

Deadlines, Section 998, Section 1717: Not Attaching 998 Offer To Costs Memorandum Is Not Fatal, But Fifth District Panel Finds Trial Judge Lacked Jurisdiction To Enter Post-Trial Section 1717 Fee Motion After Appeal Of Merits Judgment

Cases: Deadlines, Cases: Section 1717, Cases: Section 998

We Think Panel Erred On The Trial Judge Lacking Jurisdiction To Entertain Fee Motion.             In Swinerton Builders v. Fresno Plumbing & Heating, Inc., Case No. F069825 (5th Dist. July 31, 2018) (unpublished), a general contractor won an indemnity dispute against a plumbing contractor under a subcontract with an indemnification/fees clause. The jury entered a

Allocation, Prevailing Party, Reasonableness Of Fees, Section 1717: $371,135 Fee Award To Prevailing Tenant Affirmed Where Breach Of Contract Jury Verdict Was Only $84,595

Cases: Allocation, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717

Tenant Also Entitled To Costs And Appellate Fees For Winning On Appeal.             Strength Farm, LLC v. The Heron Family Trust, Case No. B285264 (2d Dist., Div. 8 July 25, 2018) (unpublished) illustrates that contractual fee recoveries do not have to proportionate to the compensatory breach of contract award (may even be more if tort

Fee Clause Interpretation, Section 1717, Section 998: Overall Prevailing Party Not Entitled To Atty’s Fees On Contractual Claim Dismissed During Closing Argument, On Noncontractual Claims Under Narrow Fees Clause, Nor § 998 As Gen. Litigation Expenses

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

Result Was Affirmance Of $38,000 Fees Award On One Of Three Cases, But Affirming The Denial Of The Remaining $165,000 Total Request Based On Topical Analysis Above.             Contreras v. Silla America, Inc., Case No. B283118 (2d Dist., Div. 3 July 17, 2018) (unpublished) involved a situation where a trial judge decided that an overall

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