Cases: Section 1717

Prevailing Party/Section 1717: Plaintiffs Winning Cancellation Of Foreclosure But Losing Case Ultimately Were Properly Denied Fees As Prevailing Party

Cases: Prevailing Party, Cases: Section 1717

  Record Showed Plaintiffs Pursued Other Claims Unsuccessfully, So SJM Against Them Meant Litigation Objectives Not Achieved.      Plaintiffs did win a battle when defendant lender-oriented parties stipulated to stay foreclosure proceedings pending the outcome of the litigation initiated by plaintiffs.      However, plaintiffs lost the merits of the suit based on demurrer and ultimate

Deadlines/Section 1717: Party Seeking Contractual Fees Need Not File Costs Memorandum In Addition To Noticed Motion For Purposes Of Seeking Fees

Cases: Deadlines, Cases: Section 1717

  Nothing in Statues Require Costs Memo Filing, With CRC 3.1702 Governing.      In ruling on a first impression issue on the published level, Kaufman v. Diskeeper Corp., Case No. B 248151 (2d Dist., Div. 4 Aug. 21, 2014) (published) decided that a party seeking contractual fees under Civil Code section 1717 need not, in

Fee Clause Interpretation/Section 1717: Narrow Fee Clause Limited To Settlement Agreement “Parties” Could Not Encompass Different Persons, Even If Third Party Beneficiaries To The Fee Clause

Cases: Fee Clause Interpretation, Cases: Section 1717

  Blickman Decision Found Persuasive By Appellate Court.      In a somewhat complicated post-probate settlement context, beneficiaries of a trust prevailed against a law firm–which had been previously owned by both the current owner and the deceased trustor of the trust—by obtaining a favorable summary judgment ruling based on a probate settlement agreement entered into

Allocation/Reasonableness Of Fees/Section 1717: $1.6 Million Fee Award Against Nonsignatory Losing Plaintiffs Based On Lease Fee Clause Affirmed On Appeal

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

  Allocation, Nonsignatory, and Unsuccessful Work Arguments Rejected.      In Cal-Murphy, LLC v. Hines Interests Limited Partnership, Case Nos. A137609/A139772 (1st Dist., Div. 5 Aug. 1, 2014) (unpublished), non-prevailing parties appealed some adverse fee rulings, which aggregated about $1.6 million. With a very slight modification, the orders were sustained on appeal.      Non-prevailing plaintiffs were

Prevailing Party/Section 1717: Defendants/Cross-Complainants Prevailing In Brokerage Commission Dispute Entitled To Substantial Fee Recovery

Cases: Prevailing Party, Cases: Section 1717

  $520,182.25 Is the Affirmed Fee Award.       In American Diversified Properties, Inc. v. RE/EX Valencia, Inc., Case No. B246501 (2d Dist., Div. 8 July 25, 2014) (unpublished), plaintiff lost a brokerage commission dispute to two co-defendants, with the lower court awarding the defendants (one of which was a cross-complainant) $520,182.25 in fees under a

Prevailing Party/Section 1717: Defense Successfully Asserting Lack Of Standing Entitled To Fee Recovery Against Non-Prevailing Plaintiff Based On Civil Code Section 1717

Cases: Prevailing Party, Cases: Section 1717

  Real Property Service Case Found Dispositive.      After the business deteriorated, a plaintiff under an agreement with a fees clause sued defendant for selling a florist business, raising contract, UCL, fraud, and negligent misrepresentation claims. In Phase I of a court trial, the trier of fact found that the plaintiff lacked standing to sue

Section 1717: $91,180 Fee Award Based On Promissory Note Clause In Real Estate Deal Affirmed On Appeal

Cases: Section 1717

Reason is that Civil Code section 1717(a) Says that Narrow Fee Clause Still Applies to the Entire Contract ​In Lillibridge v. Kennington, Case Nos. D062020/D062935 (4th Dist., Div. 1 June 27, 2014) (unpublished), defendants won a demurrer without leave against plaintiffs’ First Amended Complaint involving a real estate dispute, a merits determination affirmed on appeal.

Prevailing Party/Sanctions/Section 1717: $60,000 Sanctions Award Against Plaintiffs/Plaintiffs’ Counsel Under CCP § 128.7 Affirmed

Cases: Prevailing Party, Cases: Sanctions, Cases: Section 1717

Additional $60,000 Fee Recovery Against Plaintiffs For Dismissed Tort Claims Also Sustained Based On Breadth Of Fees Clause. ​ Peake v. Underwood, Case No D061267 (4th Dist., Div. 1 June 25, 2014) (partially published) is a great primer on CCP § 128.7 sanctions, on how to properly present such a sanctions request, and on the

Appealability/Prevailing Party/Section 1717: Defense Properly Denied Attorney’s Fees Because She Was Not The Clear Winner

Cases: Appealability, Cases: Prevailing Party, Cases: Section 1717

Easement Dispute Produced Mixed Result, Likely More Pro-Plaintiffs In Nature. ​This one involved a water well easement dispute by adjoining owners, prompting a suit by plaintiffs when defendant locked the pump house and put up a “no trespassing” sign. The lower court ultimately upheld plaintiffs’ right to use of some water from the well, but

Prevailing Party/Section 1717: $90,000 Fee Award To The Defense For Prevailing On Provisional Receiver/Injunction Requests Reversed Where Plaintiff Voluntarily Dismissed Without Prejudice

Cases: Prevailing Party, Cases: Section 1717

  Dismissal Occurred Before Any Definitive Merits Adjudication—Santisas Governed.      In German American Capital Corp. v. 1495 Pacific Highway, LLC, Case No. D063446 (4th Dist., Div. 1 June 24, 2014) (unpublished), plaintiff sued on some loan documents, asking for appointment of a receiver and judicial foreclosure, among other things, based on deeds of trust containing

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