Tenant’s Probability Theory Did Not Do Well At Either Trial Or Appellate Levels. Ida B. Wells Housing Project. Meeting of the tenants. Chicago, Illinois. April 1942. Jack Delano, photographer. Library of Congress. In Doll v. Ghaffari, Case No. B272384 (2d Dist., Div. 4 Oct. 25, 2017) (unpublished), tenant did prevail against landlord on certain […]
Section 1717 Made Unilateral Clause Reciprocal, So Not Adhesive Even Though Escrow Company Won. In 1500 Viewsite Terrace, LLC v. Pickford Escrow, Inc., Case Nos. B256246/B257166 (2d Dist., Div. 4 Sept. 28, 2017) (unpublished), plaintiff unsuccessfully sued a title company and escrow company, mainly under tort theories (although based on breach of escrow instructions)
Generalized Conspiracy Allegations Did Not Change The Result. Truong v. Nguyen, Case No. G053680 (4th Dist., Div. 3 Sept. 26, 2017) (unpublished) involved a situation where a defendant non-signatory to a contract was denied attorney’s fees based on the fact there were no contract-based claims upon which to hinge fee recovery. The appellate court
Fee Award Reversed Against Corporate, Nonsignatory Principal Where No Alter Ego Unfairness Shown. In Posada v. Stone Steps Properties, LLC, Case Nos. B271664/B277933 (2d Dist., Div. 5 Sept. 11, 2017) (unpublished), a residential property seller failed to disclose to a buyer that an unlicensed contractor performed renovations on the property, resulting in a 5-day
“Any Remedy Hereunder” Lease Language Salted Away The Result. In The Redbean House Corp. v. Colonnade Wilshire Corp., Case No. B276837 (2d Dist., Div. 2 Aug. 16, 2017) (unpublished), tenant successfully obtained rescission of a commercial lease based on a substantial seismic retrofit issue, although landlord obtained $49,647 in damages for waste after a
$61,565 Fee Award Sustained On Appeal Nonsignatories defendants were awarded attorney’s fees of $61,565, drawing an appeal from the plaintiff in Westco Petroleum Distributors, Inc. v. Huntington Beach Industrial, Case No. B269393 (2d Dist., Div. 2 Aug. 10, 2017) (unpublished). After surveying section 1717 jurisprudence which does allow fee recovery to nonsignatories like the
Characterization Of Borrowers’ Claim Was Determinative. In Aniel v. American Home Mortgage Servicing, Inc., Case Nos. A141462/A142729 (1st Dist., Div. 4 July 21, 2017) (unpublished), borrowers challenged the nonjudicial foreclosure of rental property by alleging, but losing, a claim that lenders/related servicing entities fraudulently induced them to let the loan go into default so
Characterization Of Borrowers’ Claim Was Determinative. In Aniel v. American Home Mortgage Servicing, Inc., Case Nos. A141462/A142729 (1st Dist., Div. 4 July 21, 2017) (unpublished), borrowers challenged the nonjudicial foreclosure of rental property by alleging, but losing, a claim that lenders/related servicing entities fraudulently induced them to let the loan go into default so
Jury Right Implicated, With Brandt Being Persuasive On The Issue. Jury. 1918-20. Library of Congress. In Monster, LLC v. Superior Court (Beats Electronics, LLC), Case No. B278289 (2d Dist., Div. 7 June 21, 2017) (published), cross-complainant brought a breach of contract cross-claim, alleging that the cross-defendants had caused the company to incur attorney’s fees and
Section 1717 Reciprocity Principles Applied. Charlie Price Realtor donkey statue, Routes 62 & 82. John Margolies, photographer. 1993. Library of Congress. In Impact Realty, Inc. v. Ortega, Case No. B272040 (2d Dist., Div. 1 June 14, 2017) (unpublished), real estate brokers sued a seller for breach of contract as well as sued a seller and
