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 […]
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 (1st Dist., Div. 4 Mar. 2, 2018) (unpublished), PADSIP (a group self-insurer of workers’ compensation claims) lost a breach
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 Fiscal Funding Co., Inc. v. Dones, Case No. A146377 (1st Dist., Div. 3 Feb. 27, 2018) (unpublished) was quite an arbitration battle in which the Claimants lost a motion to disqualify their attorney as well as
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 Feb. 20, 2018) (unpublished), City of Dinuba filed an unlawful detainer action against two defendants, although
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 A148049/A149410 (1st Dist., Div. 3 Jan. 30, 2018) (unpublished), borrower lost a loan dispute against lender.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 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 In Luca v. Deutsche Bank National Trust Co., Case No. G053408 (4th Dist., Div. 3 Jan. 5, 2018) (unpublished), borrowers lost a lawsuit attempting to void the promissory note and deed of trust against lenders/affiliates based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
