Fee Award Based on Settlement Agreement Fees Clause. In Daria v. Level Studios, Inc., Case No. B249801 (2d Dist., Div. 6), the defense prevailed in a tenaciously litigated action brought by plaintiff where a trial court ultimately sustained a demurrer and then granted a summary judgment—with many claims dismissed based on releases in
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 B251688/B253987 (2d Dist., Div. 2 Feb. 5, 2015) (unpublished) is an example of where a lower court and fee claimant need to do a little more to sustain a fee award
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 In Mir v. Iungerich & Spackman, Case No. B250393 (2d Dist., Div. 3 Jan. 29, 2015) (unpublished), judgment debtor obtained partial success on a motion to vacate a renewed judgment arising from a legal retainer agreement with a fees clause.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
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
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 In Trejo v. Arriaga, Case No. D064410 (4th Dist., Div. 1 Jan. 21, 2015) (unpublished), plaintiff 50/50 shareholder in a closely-held corporation lost an amended shareholder derivative lawsuit against defendant 50/50 shareholder.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
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Inc. v. JMS Air Conditioning and Appliance Service, Inc., Case No. B255326 (2d Dist., Div. 7 Jan. 21, 2015) (unpublished) is a very good decision offering an important practice tip for a fee claimant—make sure that
$17,936.40 In Fees/$1,108.10 In Costs Was The Total “Score” By The Victor. The next case, Fidelity National Title Co. v. 1575 Adrian Road Associates, LLC, Case No. A140350 (1st Dist., Div. 5 Jan. 15, 2015) (unpublished), is an illustration of how Civil Code section 1717 mutuality principles will allow a nonsignatory to recover
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
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
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
