Cases: Section 1717

Section 1717: Fees As Damages Under Breach Of Contract Claim Must Be Decided By The Jury At Trial, Not The Trial Judge On Noticed Motion

Cases: Fees as Damages, Cases: Section 1717

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 […]

Fee Clause Interpretation/Section 1717: Prevailing Seller Co-Conspirator Defendant In Real Estate Listing Dispute Properly Awarded Fees Under Broadly Worded Fees Clause

Cases: Fee Clause Interpretation, Cases: Section 1717

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         In Impact Realty, Inc. v. Ortega, Case No. B272040 (2d Dist., Div. 1 June 14, 2017) (unpublished), real estate brokers sued a seller for breach of contract as well as sued a seller and

Section 1717:  Fee Recovery Under Stipulated Martial Settlement Agreement Governed By 1717 Principles, Not Family Law “Need” Precepts

Cases: Section 1717

    $30,308 Fee Award Affirmed On Appeal, Less Than Ex-Wife’s Request For $80,000.               In Marriage of Minkin, Case No. G052947 (4th Dist., Div. 3 May 19, 2017 published; prior unpublished decision under date of April 24, 2017), the family law judge awarded $30,308 to ex-wife out of requested $80,000 in fees to

Prevailing Party/Section 1717:  Defendant Beating Primary Rescission/Restitution Claim Did Prevail For Purposes Of Section 1717 Despite Losing Cross-Claims

Cases: Prevailing Party, Cases: Section 1717

    Dispute Arose Over Filming Rights For Jimi Hendrix’s 1969 Performance At London’s Royal Albert Hall.   Photograph of Jimi Hendrix taken in Sweden.  May 24, 1967.  Wikipedia.                  Although unpublished, Experience Hendrix, LLC v. The Last Experience, Case No. B268414 (2d Dist., Div. 2 May 8, 2017) (unpublished) takes us down

Section 1717:  Prevailing Plaintiff’s Action To Rescind Car Contract Based On Fraud Was “On The Contract” Under Section 1717

Cases: Section 1717

  $80,806.50 Fee Award Affirmed Where $11,642.10 Compensatory Damages And Cancellation Of Car Loan Was The End Result.                Replica of first car made and sold by Toyota:  the 1936 Toyota Standard Sedan AA.  Photo:  Bertel Schmitt. Creative Commons Attribution-Share Alike 3.0 Unported license.             In Valencia v. Hooman Toyota of

Prevailing Party/Section 1717: California Supreme Court Affirms That Party Losing Forum Selection Clause Transfer, But Refiling In Different Jurisdiction, Is Not Subject To 1717 Fee Recovery

Cases: Prevailing Party, Cases: Section 1717

  Refiling The Case In A Different Jurisdiction Was The Key Distinction.       In DisputeSuite.com, LLC v. Scoreinc.com, Case No. S226652 (Cal. Supreme Court Apr. 6, 2017) (published), our state supreme court faced the issue of whether fee recovery under Civil Code section 1717 was properly denied against a litigant obtaining a dismissal of an

Fee Clause Interpretation/Section 1717: $1.79 Million Fee Award To Prevailing Defendants Was Excised As A Matter Of Law From Judgment Based On Lack Of Fee Entitlement

Cases: Fee Clause Interpretation, Cases: Section 1717

  Plaintiff Sued On An Oral Agreement Which Was Not Within The Scope Of Stock Purchase Agreement Fee Clause Relied On By The Defense.        Fee entitlement is a basic issue, often tethered to whether a fees clause in a written contract covers the claims at issue in a complaint or cross-complaint. If it

Allocation/Costs/Section 1717: Plaintiff Attempting To Dismiss Lawsuit Against Lenders Without Prejudice Subjected To Substantial 1717 Fee Exposure To The Tune Of $526,393 In Fees

Cases: Allocation, Cases: Costs, Cases: Section 1717

  Plaintiff Also Hit With Some Costs, But Some Non-Statutory And Discretionary Costs Were Stricken.      Plaintiff borrowers brought a multi-count contractual/tort/statutory claim-based suit against construction loan participants, ultimately attempting to dismiss the action without prejudice during trial. The trial judge determined the dismissal was not authorized and set it aside as void, further granting

Fee Clause Interpretation, Homeowner Associations, Section 1717: Large Fee Recovery To Prevailing Defendants In Common Interest Development Parking Space Dispute With Other Homeowners Reversed

Cases: Fee Clause Interpretation, Cases: Homeowner Associations, Cases: Section 1717

  Only Time Finite Fees On Trespass Claim Recoverable Under HOA Fee-Shifting Statute.      In Hussein v. Driver, Case Nos. A144786/A145655 (1st Dist., Div. 4 Jan. 27, 2017) (unpublished), plaintiffs and defendants, homeowners in a common interest development as well as the parents of defendants, were drawn into a parking space dispute where slander of

Section 1717: Bank’s Assignee On Open Book Account Not Entitled To Attorney’s Fees Under Sections 1717 Or Section 1717.5(c)

Cases: Section 1717

  No Written Contract—No 1717 Fees; Banks And Assignees—No Go Under 1717(c).      In Professional Collection Consultants v. Brown, Case No. B270128 (2d Dist., Div. 6 Jan. 17, 2017) (unpublished), bank’s assignee (collection consultants) requested the trial judge to award it $148,792 in contractual attorney’s fees under Civil Code section 1717 or $800 in statutory

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