Cases: Section 1717

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             In Shadab v. Goldberg, Case No. B277925 (2d Dist., Div. 6 Aug. 22, 2018) (unpublished), one side won a partition by sale of undeveloped land, with the trial court eventually awarding attorney’s fees of $99,761.46 after finding the fee claimant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             In Pasternack v. McFarland, Case No. D073283 (4th Dist., Div. 1 Aug. 17, 2018) (unpublished), plaintiff brought both contract and tort claims against various businesses and individuals (including alter ego theories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 July 31, 2018) (unpublished), a general contractor won an indemnity dispute against a plumbing contractor under a subcontract with an indemnification/fees clause.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             Strength Farm, LLC v. The Heron Family Trust, Case No. B285264 (2d Dist., Div. 8 July 25, 2018) (unpublished) illustrates that contractual fee recoveries do not have to proportionate to the compensatory breach of contract award (may even be more if tort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

Retainer Agreement, Section 1717: Law Firm Suing For Breach Of Oral Agreement To Provide Legal Services, Based On Continued Applicability Of Retainer Agreement, Resulted In Law Firm Exposure Under Retainer Fees Clause

Cases: Retainer Agreements, Cases: Section 1717

Ex-Clients Won $38,841 In Section 1717 Fees After Prevailing On A Summary Judgment Motion.             Many California retainer agreements between lawyers and clients have attorney’s fees provisions and provisions indicating that any further requested work, even if oral, will proceed under the terms of the written retainer agreements. When both of these features are present,

Estoppel, Prevailing Party, Section 1717: Trial Court’s Conclusion That It Lacked Jurisdiction To Entertain Motion To Enforce Settlement Means That Neither Side Could Be Prevailing Party

Cases: Estoppel, Cases: Prevailing Party, Cases: Section 1717

Motion Was Not On The Contract, Opposing Side Was Not Estopped From Denying Fee Exposure, And Prevailing Party Determination Was Premature In Nature.             The Fourth District, Division 1, in Howeth v. Coffelt, Case No. D072543 (4th Dist., Div. 1 June 18, 2018) (unpublished) (Howeth II), had to deal with one side’s appeal of an

Prevailing Party, Section 1717: Trial Judge’s Failure To Determine If Defendant Was Prevailing Party Under Civil Code Section 1717 Was Reversed And Remanded For A Determination

Cases: Prevailing Party, Cases: Section 1717

Finding That Neither Side Prevailed For Routine Costs Did Not Decide Section 1717 Prevailing Party Issue.             In AAWestwood, LLC v. Liberal Arts 677 Benevolent Foundation, Case No. B275717 (2d Dist., Div. 5 May 23, 2018) (unpublished), defendant won non-monetary relief under its cross-complaint while plaintiff lost some claims but won a net $3,809.52 in

Section 1717: Section 1717 Fee Award Plaintiff Reversed For Including Fees For Nonsignatory Work In Tort Case, But Remand May Be Nonproductive

Cases: Section 1717

Only Fees Attributable To Nonsignatory’s Defense, To The Extent Severable From Defense Work On Behalf Of Prevailing Signatory, Are To Be Omitted In Second Fee Proceeding.           The 4/3 DCA’s opinion in Zaffarkhan v. Domesek, Case No. G054997 (4th Dist., Div. 3 May 18, 2018) (unpublished), as even the appellate court observed in a footnote, is

Fee Clause Interpretation, Interpleader, Section 1717: Bank Winning Fee Award For Prosecuting Interpleader Cross-Complaint And Successfully Defending Against Plaintiff’s Complaint Reversed And Remanded

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

Appellate Court Offered Guidance, Including That No Section 1717 Adverse Fee Award On Plaintiff’s Complaint Could Be Granted On Grounds Advanced By Lender.             Plaintiff octogenarian sued her lender on various theories stemming from lender’s failure to disburse timely insurance proceeds covering a fire loss.  In response to plaintiff’s Complaint, Lender filed an interpleader cross-complaint. 

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