Cases: Section 1717

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            The Fourth District, Division 1, in Howeth v. Coffelt, Case No. D072543 (4th Dist., Div. 1 June 18, 2018) (unpublished) (Howeth II), had to deal with one side’s appeal of an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        In AAWestwood, LLC v. Liberal Arts 677 Benevolent Foundation, Case No. B275717 (2d Dist., Div. 5 May 23, 2018) (unpublished), defendant won non-monetary relief under its cross-complaint while plaintiff lost some claims but won a net $3,809.52 in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           The 4/3 DCA’s opinion in Zaffarkhan v. Domesek, Case No. G054997 (4th Dist., Div. 3 May 18, 2018) (unpublished), as even the appellate court observed in a footnote, is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. 

Prevailing Party/Section 1717:  Litigants With No Unqualified Clear Win Or Loss Were Properly Denied Attorney’s Fees

Cases: Prevailing Party, Cases: Section 1717

Trial Court’s Discretionary Decision Of No Prevailing Party Affirmed On Appeal.             Under Civil Code section 1717, a trial judge has wide discretion to deny attorney’s fees where there are no clear, unqualified winning litigants such that the results are “mixed.”  Even where a party is ostensibly the prevailing party, the trial judge can still

Section 1717:  Plaintiff’s Voluntary Dismissal Of Action While One Claim Remained Intact Precluded Award Of Attorney’s Fees Under Civil Code Section 1717(b)(2)

Cases: Section 1717

Fee Award Of $13,985.80 To Defense Reversed As A Matter Of Law.             Plaintiff contractor sued his contractor’s bond surety defendant for three claims after surety refused to issue him a new bond based on a prior payout to a homeowner for alleged faulty window installations.  The trial judge eventually sustained a demurrer on all

Section 1717:  Plaintiff Attempting To Dismiss Case With Prejudice Before Submission Of Written Trial Closing Arguments Was Not Subject To Civil Code Section 1717 Contractual Fee Exposure

Cases: Section 1717

Dismissal With Prejudice Was Key, With Section 1717 Containing No Pre-Merits, Pre-Dispositive Adjudication Limitations.             Shapira v. Lifetech Resources, Case No. B283445 (2d Dist., Div. 4 Apr. 17, 2018) (published) addresses the vexing question of when does a dismissal cut off attorney’s fees exposure under Civil Code section 1717 where there has been no prior

Section 1717:  Litigant’s Loss On One Fraud Claim, But Win On Contractual And Indemnity Claims, Justified $98,330.65 Fees Award Under Civil Code Section 1717

Cases: Section 1717

No Reduction For Loss On Fraud Claim Mandatory Under Section 1717.             In XTC Investments v. Stingl, Case No. B279577 (2d Dist., Div. 4 Mar. 28, 2018) (unpublished), respondents filed cross-claims for breach of contract, indemnity, and fraud against appellants, with respondents winning on their cross-claims except for the fraud claim to the extent of

Costs, Fee Clause Interpretation, Section 1717:  Successful Attorneys On Contract Claim Properly Granted Fees; Successful Plaintiff On Tort Claims Properly Denied Fees; And Plaintiff Improperly Denied Costs As Prevailing Party With Net Judgment In Malpra

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

Many Cross-Over Fees And Costs Issues Considered By Appellate Court In This One.             In Davidson v. Southwick, Case No. E066978 (4th Dist., Div. 2 Mar. 26, 2018) (unpublished), plaintiff client successfully won a malpractice action based on various torts but lost a contract claim against certain attorney parties, winning a compensatory jury verdict of

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