Cases: Section 1717

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             In XTC Investments v. Stingl, Case No. B279577 (2d Dist., Div. 4 Mar. 28, 2018) (unpublished), respondents filed cross-claims for breach of contract, indemnity, and fraud against appellants, with respondents winning on their cross-claims except for the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             In Davidson v. Southwick, Case No. E066978 (4th Dist., Div. 2 Mar. 26, 2018) (unpublished), plaintiff client successfully won a malpractice action based on various torts but lost a contract claim against certain attorney parties, winning a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

Section 1717:  Reversal Of Alter Ego Findings Meant That Fee Award Against Individual Defendant Also Reversed On Appeal

Cases: Section 1717

    Individual Defendant Was Not A Party To The Licensing Agreement With A Fees Clause Either.       In Eleanor Licensing LLC v. Classic Recreations LLC, Case Nos. B275429/B279238 (2d Dist., Div. 7 Mar. 21, 2018) (published), plaintiff won a licensing/quiet title/replevin dispute against defendants over title to a Mustang used in the movie “Gone

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 (1st Dist., Div. 4 Mar. 2, 2018) (unpublished), PADSIP (a group self-insurer of workers’ compensation claims) lost a breach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

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