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 […]
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 In Luca v. Deutsche Bank National Trust Co., Case No. G053408 (4th Dist., Div. 3 Jan. 5, 2018) (unpublished), borrowers lost a lawsuit attempting to void the promissory note and deed of trust against lenders/affiliates based
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 In First City Pacific, Inc. v. Home Depot U.S.A., Inc., Case No. B268604 (2d Dist., Div. 7 Dec. 19, 2017) (unpublished), sublessor (tenant to a ground
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
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 Lawson v. Cal Western Reconveyance Corp., Case No. A142956 (1st Dist., Div. 4 Nov. 20, 2017) (Unpublished).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
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
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 In Doll v. Ghaffari, Case No. B272384 (2d Dist., Div. 4 Oct. 25, 2017) (unpublished), tenant did prevail against landlord on certain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
