Cases: Section 1717

Deeds Of Trust/Section 1717: Fee Denial Against Trustee Sale Third Party Purchaser Affirmed, But Fee Denial Against Purchaser Assuming Trustor Position On Senior Trust Deed With Fees Clause Reversed

Cases: Deeds of Trust, Cases: Section 1717

  Split Decision For Third Party Purchaser At Trustee’s Sale Involving Second Deed of Trust.      Nonsignatory plaintiff purchased a property at a trustee’s sale of a junior lienholder, eventually bringing an action to sue certain defendants to determine amounts owed under the first (senior) deed of trust and set aside the trustee’s sale of […]

Equity, Section 1717: Plaintiff Losing Shareholder Derivative Claim Liable For Defense Attorney’s Fees

Cases: Equity, Cases: Section 1717

  Reciprocity Required Under Section 1717, Given Unfairness of Other Result.      In Trejo v. Arriaga, Case No. D064410 (4th Dist., Div. 1 Jan. 21, 2015) (unpublished), plaintiff 50/50 shareholder in a closely-held corporation lost an amended shareholder derivative lawsuit against defendant 50/50 shareholder. Defendant nonsuited plaintiff based on a failure to prove damages. Defendant

Section 1717: Subcontractor Failing To Provide Admissible Proof Of Contract In Fee Proceeding Properly Denied Recovery

Cases: Section 1717

  Big Practice Tip—Make Sure Contractual Predicate Is Provided For Motion In An Evidentiary Sense.      Century Quality Management, Inc. v. JMS Air Conditioning and Appliance Service, Inc., Case No. B255326 (2d Dist., Div. 7 Jan. 21, 2015) (unpublished) is a very good decision offering an important practice tip for a fee claimant—make sure that

Allocation, Section 1717: James Fleming/Capistrano Unified School District Battle Comes To Roost–$123,233 Fees/$6,60.10 Costs Award Affirmed On Appeal

Cases: Allocation, Cases: Section 1717

  Contractual Basis Was There, And No Apportionment Required Under the Facts.      The long-standing battle between Mr. Fleming and Capistrano Unified School District (CUSD) has finally ended, we think, in Fleming v. Capistrano Unified School Dist., Case No. G048523 et al. (4th Dist., Div. 3 Jan. 7, 2015) (unpublished). This concerned Mr. Fleming’s involvement

Reasonableness Of Fees, Section 1717: Judicial Foreclosure And Equitable Claims Arising Out Of Note and Deed Of Trust With Fees Clause Allowed For Civil Code Section 1717 Recovery

Cases: Reasonableness of Fees, Cases: Section 1717

  Amount of Awarded Fees Was Reasonable, Given Trial Judge Only Granted 62% Of Requested Fees.      In Afra v. Artech Properties, LLC, Case No. B250073 (2d Dist., Div. 7 Jan. 5, 2014) (unpublished), Artech Properties and another party defensed a fraud lawsuit, replete with related equitable claims, as against a party seeking to recover

Prevailing Party/Section 1717: $35,438 Fee Award Under Settlement Agreement Fees Clause Affirmed In Favor Of City Of La Verne

Cases: Prevailing Party, Cases: Section 1717

  City Did Obtain Its Litigation Objectives As To Noncompliance With Garage Conversion Arrangement.      In 2007, City of La Verne and defendants/owners of a residential property settled an ongoing lawsuit through a written settlement agreement by which the defendants agreed to convert an apartment on their property back into a garage within nine months

Section 1717/Substantiation Of Reasonableness Of Fees: $340,567.55 Fees/Costs Award Under Civil Code Section 1717 Affirmed On Appeal

Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

  Multiple Challenges To Entitlement/Fee Amount Rejected Upon Review.      In Palmer v. Patel, Case No. H039336 (6th Dist. Dec. 30, 2014) (unpublished), parties got involved in a brouhaha over a vacation home even though a real estate purchase agreement and deed of trust had broad attorney’s fees clauses. Plaintiffs lost the case and were

Arbitration/Section 1717: Arbitrator Who Applies Statutory Definition of “Prevailing Party” To Award Fees Rather Than Contractual Definition Does Not Exceed His Powers

Cases: Arbitration, Cases: Section 1717

Court Does Not Decide Whether Contractual Provision Limiting Arbitrator’s Power To Apply Definition Of “Prevailing Party” Other Than Found In Agreement Would Be Unenforceable As Violative Of Public Policy.      Does an arbitrator who applies the statutory definition of “prevailing party” found in Civil Code Section 1717(b)(1), rather than than the definition the parties contractually

Section 1717/Settlement: $82,174.25 Fee Award To Successors/Assigns Under Settlement Agreement Sustained Fee Recovery

Cases: Section 1717, Cases: Settlement

  Trial Court Based It On Wrong Document, But Settlement Agreement Confirmed the Result.      In Jayaweera v. Lansberg, Case No. D065800 (4th Dist., Div. 1 Nov. 25, 2014) (unpublished), a trial court awarded a certain side prevailing in an easement dispute $82,174.25 in attorney’s fees under a Declaration of Restrictions (easement), a ruling challenged

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