Cases: Section 1717

Request For Admissions/Section 1717: Trial Judge Correctly Denied Proof Of Costs Sanctions And Attorney’s Fees To Prevailing Parties

Cases: Requests for Admission, Cases: Section 1717

Losing Side Had Reasonable Cause To Deny RFAs And Lack Of Agreement With Fees Clause Precluded 1717 Recovery.             In Preferred Auto Dealers Self Ins. Program, Inc. v. Anderson Enterprises, Inc., Case Nos. A148518 et al. (1st Dist., Div. 4 Mar. 2, 2018) (unpublished), PADSIP (a group self-insurer of workers’ compensation claims) lost a breach […]

Arbitration/Section 1717:  Attorney’s Fees Incurred In Disqualification Motion And Other Associated Motions Before Arbitrator And Trial Court Properly Were Awarded To The Defense

Cases: Arbitration, Cases: Section 1717

Defense Did Prevail Because Arbitration Was Dismissed For Failure To Prosecute After Plaintiffs Failed To Pay Arbitration Fees.             Fiscal Funding Co., Inc. v. Dones, Case No. A146377 (1st Dist., Div. 3 Feb. 27, 2018) (unpublished) was quite an arbitration battle in which the Claimants lost a motion to disqualify their attorney as well as

Fee Clause Interpretation/Section 1717:  Fifth District, In Split Decision, Decides That Permissive Fee Clause Is Enforceable By Its Terms, With Section 1717 Not Applying

Cases: Fee Clause Interpretation, Cases: Section 1717

Dissent Argues That Section 1717 Does Have Precedence In This Situation, So That Fees To Prevailing Party Should Be Determined Upon A Remand.             In City of Dinuba v. Universal Biopharma Research Institute, Inc., Case No. F072497 (5th Dist. Feb. 20, 2018) (unpublished), City of Dinuba filed an unlawful detainer action against two defendants, although

Allocation/Deed Of Trust/Section 1717:  Lender Appropriately Awarded $60,000 In Borrower Dispute Under Section 1717

Cases: Allocation, Cases: Deeds of Trust, Cases: Section 1717

Trial Judge Allocated Compensable Fees Lower From The $128,187.50 Attorney’s Fee Request.             In Rufini v. CitiMortgage, Inc., Case Nos. A148049/A149410 (1st Dist., Div. 3 Jan. 30, 2018) (unpublished), borrower lost a loan dispute against lender.  Lender then sought $128,187.0 in attorney’s fees under a deed of trust fees clause, with the trial judge eventually

Prevailing Party/Section 1717:  There Can Be Dual “Prevailing Parties” In Contractual Dispute.

Cases: Prevailing Party, Cases: Section 1717

Prevailing Alter Ego Defendant Entitled To Fee Recovery, Despite Fact That Plaintiff Prevailed Against LLP Defendant.             What happened in Burkhalter Kessler Clement & George LLP v. Hamilton, Case No. G054337 (4th Dist., Div. 3 Jan. 8, 2018) (published) is that plaintiff prevailed in a sublease dispute against an LLP defendant but did not prevail

Deeds Of Trust, Fee Clause Interpretation, Section 1717:  Attorney’s Fee Recovery Not Available To Lenders/Affiliates Based On Vague Provisions In Note And Deed Of Trust

Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: Section 1717

Decision Should Have Lenders Look At Lending Paperwork To Make Sure There Is A True “Prevailing Party” Clause.             In Luca v. Deutsche Bank National Trust Co., Case No. G053408 (4th Dist., Div. 3 Jan. 5, 2018) (unpublished), borrowers lost a lawsuit attempting to void the promissory note and deed of trust against lenders/affiliates based

Landlord/Tenant/Section 1717:   Sublessor Losing Unlawful Detainer Case Awarded Civil Code Section 1717 Fees Of $1,334,368.30 And Costs Of $4,637.03

Cases: Landlord/Tenant, Cases: Section 1717

Case Was Extensively Litigated, Justifying This Level Of Fee Recovery.              Home Depot.  2003.  Santa Fe, New Mexico.  John Margolies, photographer.  Library of Congress.         In First City Pacific, Inc. v. Home Depot U.S.A., Inc., Case No. B268604 (2d Dist., Div. 7 Dec. 19, 2017) (unpublished), sublessor (tenant to a ground

Prevailing Party/Section 1717:  Appellate Reversal And Remand Of Some Claims Also Required Reversal Of Fee Award

Cases: Prevailing Party, Cases: Section 1717

Award Was Predicated On A Victory Over All Claims, But Fee Awards Have To Await A Final Resolution.             A reversal of a merits judgment usually means an ensuing fee award also falls for the time being.  This result occurs because a prevailing party determination under Civil Code section 1717 must await a final resolution

Fee Clause Interpretation/Section 1717:  Significant Fee Awards Affirmed In Favor Of Lenders And Prevailing Party In Easement Dispute

Cases: Fee Clause Interpretation, Cases: Section 1717

Courts Focused On Plain Meaning Of Fee Clauses, Primarily. Lawson v. Cal Western Reconveyance Corp., Case No. A142956 (1st Dist., Div. 4 Nov. 20, 2017) (Unpublished).             Here, after two banks prevailed in a nonjudicial foreclosure challenge by borrowers, the trial judge awarded both $ 137,150 in attorney’s fees under note and trust deed fee

Partition/Section 1717:  $81,700.50 Fee Award To Partitioning Litigant Reversed Based On Fee Clause In Prior Settlement Agreement

Cases: Partition, Cases: Section 1717

However, Matter Remanded To Examine If Litigant Entitled To Fees Under Partition Fee-Shifting Provisions.             Orien v. Lutz, Case No. B277323 (2d Dist., Div. 8 Nov. 3, 2017) (published) is a situation demonstrating how contractual fee provisions, interpreted de novo, can lead to reversal of a fee award.  However, the victory may not be complete

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