Cases: Section 1717

Intellectual Property, Section 998, Section 1717: Prevailing Defendants Properly Denied Fee Recovery, But Improperly Denied Expert Witness Fees

Cases: Intellectual Property, Cases: Section 1717, Cases: Section 998

  No Need to Provide Declarations From Expert Witness Fee In Support Of Expense Request Under CCP § 998.      What happened in Nations Title Co. of Calif. v. Security Union Title Ins. Co, Case Nos. B250490/B253840 (2d Dist., Div. 3 Jan. 25, 2016) (unpublished), was that defendants won a jury verdict on a breach […]

Appellate Fees/Section 1717: Appellant’s Failure To Address Fees/Costs Award Waived Any Challenge, Losing Merits Arguments On Appeal As Well

Cases: Section 1717

  Respondents Entitled To Appellate Fees For Prevailing Again.      In Martin v. Park Sierra Apts., Case Nos. B242464/B244184 (2d Dist., Div. 4 Jan. 22, 2016) (unpublished), defendants won a case involving a lease agreement with a fees clause. Plaintiff appealed the merits decision and substantial fees/costs award of $142,853.25. Both determinations were affirmed on

Retainer Agreement/Section 1717: Unsigned Retainer Agreement, With Explanation, Justified Fee Recovery By Attorney Under Civil Code Section 1717 Based Upon Dismissal Of Legal Malpractice Tort Claims

Cases: Retainer Agreements, Cases: Section 1717

  Fee Clause Was Broad Enough To Allow For Recovery Of Fees, With Destruction Of Signed Fee Agreement By Terminated Attorney Not Precluding Recovery.      Stolz v. Fleischner, Case No. E062781 (4th Dist., Div. 2 Jan. 6, 2016) (unpublished) is a situation where a terminated attorney won a fee recovery of $27,120 (out of a

Section 1717/Standard of Review: Elements Of Contractual Fee Recovery Nicely Set Forth In Unpublished Decision

Cases: Section 1717, Cases: Standard of Review

  4/3 DCA Does It Succinctly And Well.     Presiding Justice O’Leary, in a 3-0 unpublished decision by the Fourth District, Division 3, affirmed a $76,890 contractual fee award against a plaintiff unsuccessfully attempting to unwind a foreclosure sale in Melgar v. Deutsche Bank National Trust, Case No. G051225 (4th Dist., Div. 3 Jan. 4,

Fee Clause Interpretation/Section 1717: Voluntarily Dismissed Defendant On Tort Claims Not Entitled To Fee Recovery Because It Was A Nonsignatory Not Falling Into Important Exceptions

Cases: Fee Clause Interpretation, Cases: Section 1717

  Fee Request For $928,791.25 Never Happened As An Award.     One must be careful on how one is positioned as far as status in attorney’s fees disputes, because nonsignatories must push the right “buttons” or they risk losing fees, which happened to the defendant/appellant in Seaport Village Ltd. v. Terramar Retail Centers, Case No.

Arbitration, Prevailing Party, Section 1717: Litigant Striking Fee Award From Arbitration Award, Although Losing On The Merits, Was Not Prevailing Party For Fee Recovery Purposes

Cases: Arbitration, Cases: Prevailing Party, Cases: Section 1717

  Striking Fees Was Not Discrete Proceeding Allowing For Recovery.      In Cooper v. Lavely & Singer, Case No. B261936 (2d Dist., Div. 4 Oct. 22, 2015) (unpublished), L&S won the merits of an arbitration case, but Cooper was successful in striking an arbitrator fee award in post-confirmation proceedings although the rest of the merits

Appeal Sanctions/Section 1717: Plaintiff Losing Alter Ego Theory Based On A Promissory Note Hit With Fee Recovery Under Reynolds Metals

Cases: Appeal Sanctions, Cases: Section 1717

  Appellate Court Also Assessed $9,000 Against Appellant For Frivolous Appeal.      Plaintiff sued to collect on a note with a fees clause, alleging that an individual defendant was the alter ego of the entity obligor. However, plaintiff’s case was dismissed for failure to prosecute it. The lower court then awarded fees of $125,000 out

Costs, Prevailing Party, Section 1717, Substantiation: $107,450 Fee And $22,318.45 Cost Awards In Favor Of Prevailing Plaintiff In Rescission Suit Affirmed

Cases: Costs, Cases: Prevailing Party, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

  Routine Costs Do Include Privately Retained Reporters Who Transcribe Court Hearings.      In Kim v. Park, Case No. A139056 (1st Dist., Div. 3 Oct. 23, 2015) (unpublished), plaintiff was awarded $107,450 in fees and $22,318.45 in costs after obtaining rescission of a purchase of a business, with the fees being awarded based on a

Fee Clause Interpretation/Section 1717: Fee Recovery Cap In Attorney’s Fees Clause Not Void As Against Section 1717 Policies

Cases: Fee Clause Interpretation, Cases: Section 1717

  $750 Contractual Fee “Cap” Honored In Lease Agreement.   Senators comparing caps.  Library of Congress. 1955.      A trial judge in 511 S. Park View, Inc. v. Tsantis, No. BV031134 (L.A. Superior Court App. Div. Oct. 5, 2015) (published) awarded $12,375 in attorney’s fees to prevailing defendants after an unlawful detainer trial based on

Bankruptcy/Section 1717: Bankruptcy Judge Erroneously Denied Debtor’s Requests For Recovery Of Fees After Defeating Car Lender’s “Hanging Paragraph” Secured Interest Claim In Chapter 13 Plan Confirmation Battle

Cases: Bankruptcy Efforts, Cases: Section 1717

  “Hanging Paragraph” Claim Was “On The Contract” Under A Fees Clause.      In In re Penrod, No. 13-16097 (9th Cir. Oct. 1, 2015) (unpublished), debtor was successful against a car lender in a “hanging paragraph” dispute under 11 U.S.C. § 1325(a)(*) [no typo here – because this subsection was not numbered after (a)(9) by

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