Cases: Section 1717

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 (4th Dist., Div. 3 Jan. 7, 2015) (unpublished).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      In Afra v. Artech Properties, LLC, Case No. B250073 (2d Dist., Div. 7 Jan. 5, 2014) (unpublished), Artech Properties and another party defensed a fraud lawsuit, replete with related equitable claims, as against a party seeking to recover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 Dec. 30, 2014) (unpublished), parties got involved in a brouhaha over a vacation home even though a real estate purchase agreement and deed of trust had broad attorney’s fees clauses.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

Prevailing Party/Section 998/Section 1717/Reasonableness Of Fees/Celebrities: $125,000 Fee Award To Landlord Under Section 1717 Affirmed, Rejecting Defense Challenges To 998 Rejection Arguments

Cases: Celebrities, Cases: Prevailing Party, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Section 998

  However, “Prevailing” Landlord Did Not Garner 998 Postoffer Expert Fees or Get More Fees, In Case Implicitly Founded “Over Litigated” By Lower Court—With Landlord Trying To Get $365,000-$387,000 In Fees.      If you have followed us over the years (we thank you for those that have, hoping we have provided some insights, or welcome

Fee Clause Interpretation/Section 1717: Contract Illegality Doomed Fee Recovery Under Purchase Agreement, But Attorney’s Fees Denial Reversed Under Option Agreement Fees Clause

Cases: Fee Clause Interpretation, Cases: Section 1717

  A 2-1 Decision, With Majority Holding Novation Defense Fell Within Fee Clause Ambit, And With Dissent Arguing No Fees Entitled Under Option Fees Clause So Trial Court Properly Denied Fees.      At its core, Mountain Air Enterprises, LLC v. Sundowner Towers, LLC, Case No. A138306 (1st Dist., Div. 2 Nov. 20, 2014) (published) is

Costs/Section 1717/Prevailing Party/Poof!: Former Client Prevailing In Fee Arbitration/Bench Trial Was Prevailing Party, Such That $ 1.16 Million Fee Award Against Client And In Favor Of Former Attorney Reversed As A Matter Of Law

Cases: Costs, Cases: POOF!, Cases: Prevailing Party, Cases: Section 1717

  Sears v. Baccaglio Decision Found Not Viable CCP § 1032 “Prevailing Party” Law.      This one is an interesting one under section 1717/CCP § 1032 routine costs jurisprudence.      Here, client at first suffered a default judgment of $86,676.88 in favor of former attorney, but client obtained relief from the default judgment from the

Scroll to Top