Cases: Section 1717

Prevailing Party, Section 1717: Alter Ego Defendants Obtaining Dismissal Of Declaratory Relief Action Were Entitled To Attorney’s Fees Under A Fees Clause Between Plaintiff And The Signatory Defendant

Cases: Prevailing Party, Cases: Section 1717

$58,223 Was The Fee Award, With A Credit For Smaller CCP § 128.7 Sanctions.                In ATM Professional, Inc. v. Repiping.com, Inc., Case No. B331046 (2d Dist., Div. 3 Mar. 26, 2025) (unpublished), alter ego defendants obtained a dismissal (based on failure to name an indispensable party, the contract signatory) in a declaratory relief complaint […]

Prevailing Party, Section 1717: Tenant Prevailed Under Civil Code Section 1717 Based On A Contractual Fees Clause By Defeating Landlord’s Unlawful Detainer Action

Cases: Prevailing Party, Cases: Section 1717

Tenant Proved There Was A Defective 3 Day Notice For Nonpayment, Because Tenant Did Not Contest It Was Claiming Occupancy Of Unleased Areas–$122,855 Was The Fee Award.                 Big Washington LLC v. Superdudes, LLC, Case No. F086483 (5th Dist. Dec. 20, 2024) (unpublished) shows how highly contested unlawful detainer actions can produce a

Private Attorney General, Section 1717: Attorney Representing Himself, And Showing No Separate Retainer With Wife, Was Denied Attorney’s Fees For Prevailing Against Lender On Default Interest Penalty Dispute

Cases: Private Attorney General (CCP 1021.5), Cases: Section 1717

Trope Generally Barred Fees, Plus Husband Could Not Show His Financial Interest Allowing For CCP § 1021.5 Fees.                In Honchariw v. FJM Private Mortgage Fund, LLC, Case No. A169447 (1st Dist., Div. 3 Dec. 20, 2024) (unpublished), husband represented himself and his wife, although he had no evidence of an attorney-client relationship with his

Section 1717: Nonsignatories, When Sued As If They Were Parties, Were Entitled To Prevailing Party Fees Under Contractual Fees Clause Pursuant To Civil Code Section 1717

Cases: Section 1717

Case Counsels Against Suing Brokers And Agents Under Boilerplate “Agent/Employee” Pleading Allegations As If They Are Parties.                The result in Dow v. Burrell, Case No. B330855 (2d Dist., Div. 8 Nov. 22, 2024) (unpublished) is a case where a disgruntled residential buyer plaintiff sued seller (who was defaulted) and his brokers, agents, and their

Section 1717: Where Damages Award Was Based On A Sole Contract, Lack Of Fees Clause In The Contract Showed No Fee Entitlement

Cases: Section 1717

$40,230 Fee Award Was Stricken.                   Defendants/cross-complainants defeated plaintiffs’ complaint and obtained cross-complaint damages based on a 2018 construction contract with no attorney’s fees clause, even though the trial judge awarded them $40,230 in fees.  The appellate court in 9 Star Construction v. Dimapasok, Case No. E080273 (4th Dist., Div. 2 Oct.

Landlord/Tenant, Mediation, Reasonableness Of Fees, Section 1717: Most Of $363,696.70 Contractual Fee Award Affirmed In Landlord/Tenant Dispute

Cases: Landlord/Tenant, Cases: Mediation, Cases: Reasonableness of Fees, Cases: Section 1717

However, N.Y. Attorneys’ Time After California Counsel Retained Must Be Stricken Because He Was Not Licensed In California.                In Thaunhaeuser v. TKH Zum, LLC, Case No. B321283 (2d Dist., Div. 8 Oct. 11, 2024) (unpublished), the lower court entered a $114,000 compensatory judgment against landlord and in favor of tenant under a property condition/security

Section 1717: Defendant Obtaining Reversal Of Interference Claim Because It Was Based Entirely On Contract Was Properly Awarded Section 1717 Fees

Cases: Section 1717

After The Successful Appeal, Defendant Awarded $604,700 In Fees.                In the Civil Code section 1717 area, only contract-based claims are allowable for recovery purposes, with tort claims usually not qualifying.  However, that “usually” caveat has an important section:  where a tort is based on a duty created solely by a contract, enforcement of that

Section 1717: Individual Suing As A “DBA” Or Suing On Behalf Of A Corporate Entity Property Saddled With Attorney’s Fee For Losing A Suit With Contractual Fee Exposure

Cases: Section 1717

Nonsignatories Stepping Into the Shoes Of Contractual Signatories Can Be Liable For Fees.                In Del Rio v. Weis, Case No. A167335 (1st Dist., Div. 1 Sept. 17, 2024) (unpublished), Mr. Del Rio sued Homeowners for breach of a home remodel construction contract between Mr. Del Rio’s business, JODT, and Homeowners.  Homeowners won and were

Section 1717, Section 998: Because Plaintiff Voluntarily Dismissed Its Unlawful Detainer Action Without Prejudice, Santisas Prevented Recovery Of Contractual Attorney’s Fees By The Other Side Despite The Winning 998 Offer

Cases: Section 1717, Cases: Section 998

However, Plaintiff Did Pay The Other Side $118,372.65 In Routine Costs.                In Riverside Mining Limited v. Quality Aggregates, Case No. E081228 (4th Dist., Div. 2 Aug. 19, 2024) (published), Quality leased 73 acres from Riverside Mining, operating a quarry on the land.  Quality brought a civil lawsuit against Riverside Mining for infringing its leasehold,

Prevailing Party, Section 1717: Defendants Winning A Demurrer Dismissal Without Leave Was Contractually Prevailing Party Under Section 1717

Cases: Prevailing Party, Cases: Section 1717

Conspiracy And Unjust Enrichment Claims Fell Within An Operating Agreement Contractual Dispute Ambit.                Many contractual fee disputes depend on whether the claims were “on the contract” under Civil Code section 1717; and if so, who prevailed.  In Zhou v. Hotel Winters, LLC, Case No. C099278 (3d Dist. Aug. 2, 2024) (unpublished), defendants won a

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