Cases: Section 1717

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 B277855/B279242 (2d Dist., Div. 1 Oct. 10, 2018) (unpublished), plaintiffs filed a derivative suit against a number of defendants, losing on a summary judgment motion which was affirmed on […]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        Both sides in 12400 Stowe Drive, LP v. Cycle Express, LLC, Case No. D069738 (4th Dist., Div. 1 Sept. 28, 2018) (unpublished) were unhappy that the trial judge found neither to be the “prevailing party” based on a lease fees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             In Shadab v. Goldberg, Case No. B277925 (2d Dist., Div. 6 Aug. 22, 2018) (unpublished), one side won a partition by sale of undeveloped land, with the trial court eventually awarding attorney’s fees of $99,761.46 after finding the fee claimant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

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

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