Cases: Section 1717

Prevailing Party/Section 1717: $152,791.50 Fee Award To Prevailing Defendants, Even Though One Of The Defendants Also Only Won One Out Of Four Cross-Claims, Sustained On Appeal.

Cases: Prevailing Party, Cases: Section 1717

  Prevailing Party Determination Was A Discretionary One For Lower Court.     In Enayat v. Missaghi, Case No. B260861 (2d Dist., Div. 5 Nov. 17, 2016) (unpublished), defendants won a “waste” lease dispute against a plaintiff alleging two tort claims, and one of the defendants also won on a slander cross-claim (resulting in $1 nominal […]

Section 1717, Special Fee Shifting Statute: Defendants Winning Verbal Contract Restaurant Purchase Dispute Not Entitled To Fee Recovery Under Section 1717

Cases: Section 1717, Cases: Special Fee Shifting Statutes

  However, Defense Was Entitled To Open Book Account Fees Under Civil Code Section 1717.5.     c1880.  Library of Congress.      Defendants, the putative buyers of a restaurant business known as Bosco’s Bones & Brew in Sunol, CA, were sued by plaintiffs/putative sellers in Alevamare, Inc. v. Truong, Case A144337 (1st Dist., Div. 5 Oct.

Costs/Section 1717: Plaintiffs/Cross-Defendants Prevailing On Claims Involving Limited Partnership Interpretation Entitled To Section 1717 Fees

Cases: Costs, Cases: Section 1717

  Reversed Denial of Fees; However, Denial Of Costs Award Was Proper In “Mixed” Case Involving Nondiscretionary And Discretionary Cost Categorical Results.     Chima v. Chima, Case No. C075602 (3d Dist. Oct. 31, 2016) (unpublished) is a situation where children beneficiaries under a trust, as plaintiffs/cross-defendants, prevailed in a suit where their father’s step-wife, on

Fee Clause Interpretation/Section 1717: Nonsignatory Defendant Granted Vacation Of Default Judgment 22 Years Later Not Entitled To Fee Recovery Under Contractual Clauses Of Purchase Agreement And Promissory Note

Cases: Fee Clause Interpretation, Cases: Section 1717

  Court Of Appeal Determines Neither Narrow Clauses Nor Tort Claims Triggered Fee Entitlement.     In the area of fee recovery, a claimant must show fee entitlement, which generally focuses on a precise analysis of the fee clause wording and the claims upon which fees are sought.  The 2/1 DCA decided that a nonsignatory defendant

Section 1717: Voluntary Dismissal Under Santisas Cannot Be Overcome By Contrary Fee Entitlement Wording

Cases: Section 1717

  Plus, Sublease Fee Clause Failing To Incorporate Master Lease Broader Fee Provisions Also Required Denial Of Fee Request.     In Sancarrow Associates v. Hermanson, Case No. G051276 (4th Dist., Div. 3 Sept. 26, 2016) (unpublished), landlord voluntarily dismissed a contractually-oriented unlawful detainer complaint against sublessees, which prompted them to move to recovery contractual attorney’s

Allocation/Section 1717: Broadly-Worded Fees Clause Allowed Defrauded Residential Purchasers To Garner $345,539.19 In Costs/Attorney’s Fees Against Losing Defendant/Sellers

Cases: Allocation, Cases: Section 1717

  Damages Were A Little Over $180,000.     Just to illustrate that attorney’s fees under Civil Code section 1717 do not have to be proportional to the awarded compensatory damages, we now post on Pec v. Brackenbury, Case No. A142104 (1st Dist., Div. 1 Sept. 20, 2016) (unpublished).     There, residential property purchasers/plaintiff prevailed on

Section 1717 And Poof!: Plaintiff Timely Dismissed Contract-Based Claims To Avoid 1717 Exposure Before Terminating Sanctions Hearing Was Decided

Cases: POOF!, Cases: Section 1717

  Terminating Sanctions Motion Was Not On The Merits, So Voluntarily Dismissal Was Timely For Fee Avoidance Purposes. Skating on ice.  Irving Brokaw, c1908-1916.  Library of Congress.     Timing can be everything, as the next case demonstrates.     In Liu v. Trask, Case No. B258112 (2d Dist., Div. 7 Sept. 15, 2016) (unpublished), plaintiff eventually

Section 1717: Litigant Prevailing Before Jury Solely On Tort-Submitted Claim Not Entitled To Contractually-Based Attorney’s Fees

Cases: Section 1717

  Litigant Basically Elected Its Remedies.     Havasu Lakeshore Investments, LLC v. Fleming, Case No. G051963 (4th Dist., Div. 3 Sept. 14, 2016) (unpublished) is a case where a litigant prevailed solely on a jury submitted tort constructive fraud claim, obtaining both compensatory and punitive damages on the fraud count. Then, that litigant tried to

Section 1717, Landlord/Tenant: Prevailing Tenants In Bedbug Inhabitability Suit Against Landlord Properly Awarded $326,475 In Attorney’s Fees Under Civil Code Section 1717

Cases: Landlord/Tenant, Cases: Section 1717

  Inhabitability Suit Indeed Was “On The Contract” For 1717 Purposes.     SUMMER AMUSEMENT.  BUG HUNTING.  1782.  Isaac Cruikshank, artist.  Library of Congress.       Plaintiffs/tenants sued landlord after having to vacate an apartment because of a bedbug infestation.  They won a jury verdict, and then moved to recoup $326,475 in attorney’s fees under Civil Code

Civil Rights/Section 1717 Two-Fer: Losing Plaintiff Hit With Substantial Fee Award In FEHA Case And Contractual Fee Award Reversed Due To No Contract With A Fees Clause

Cases: Civil Rights, Cases: Section 1717

  Gonzalez v. The Los Angeles Lakers, Case No. B265823 (2d Dist., Div. 4 Aug. 10, 2016) (Unpublished)—Civil Rights      Nothing remarkable in this one, except that plaintiff lost a FEHA case and the appellate court affirmed a lower court’s discretionary award of fees because it deemed the case frivolous/unreasonable in nature. Plaintiff was socked

Scroll to Top