Cases: Section 1717

Allocation/Section 1717: $740,257.50 1717 Fee Award Reversed Because Appellate Court Could Not Determine If Lower Court Actually Exercised Discretion To Apportion Award Between Compensable And Noncompensable Claims

Cases: Allocation, Cases: Section 1717

  Discretion Was Abused When There Was No Hearing And Only One Sentence Fee Award.      NICO Alloys v. American Metal Group, Case Nos. B251688/B253987 (2d Dist., Div. 2 Feb. 5, 2015) (unpublished) is an example of where a lower court and fee claimant need to do a little more to sustain a fee award […]

Fee Clause Interpretation, Judgment Enforcement, Section 1717: Judgment Debtor Properly Denied Fee Recovery Under CC 1717 Because He Didn’t Prevail On Motion To Vacate Renewed Judgment And 1717 Fees Clause Did Not Pertain To Motions Narrowly

Cases: Fee Clause Interpretation, Cases: Judgment Enforcement, Cases: Section 1717

  Unusual Holding in Rainier Decision Did Not Compel Contrary Result.      In Mir v. Iungerich & Spackman, Case No. B250393 (2d Dist., Div. 3 Jan. 29, 2015) (unpublished), judgment debtor obtained partial success on a motion to vacate a renewed judgment arising from a legal retainer agreement with a fees clause. Judgment debtor persuaded

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      In Trejo v. Arriaga, Case No. D064410 (4th Dist., Div. 1 Jan. 21, 2015) (unpublished), plaintiff 50/50 shareholder in a closely-held corporation lost an amended shareholder derivative lawsuit against defendant 50/50 shareholder.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

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