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 Lawson v. Cal Western Reconveyance Corp., Case No. A142956 (1st Dist., Div. 4 Nov. 20, 2017) (Unpublished).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 In Doll v. Ghaffari, Case No. B272384 (2d Dist., Div. 4 Oct. 25, 2017) (unpublished), tenant did prevail against landlord on certain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 B256246/B257166 (2d Dist., Div. 4 Sept. 28, 2017) (unpublished), plaintiff unsuccessfully sued a title company and escrow company, mainly under tort theories (although based on breach of escrow instructions)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 Truong v. Nguyen, Case No. G053680 (4th Dist., Div. 3 Sept. 26, 2017) (unpublished) involved a situation where a defendant non-signatory to a contract was denied attorney’s fees based on the fact there were no contract-based claims upon which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 B271664/B277933 (2d Dist., Div. 5 Sept. 11, 2017) (unpublished), a residential property seller failed to disclose to a buyer that an unlicensed contractor performed renovations on the property, resulting in a 5-day
“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
