Cases: Section 1717

Prevailing Party/Section 1717: Plaintiff Achieving Objective In Defeating Bail Bond Annual Renewal Fee Was Not Properly Assessed With Fees As “Non-Prevailing Party”

Cases: Prevailing Party, Cases: Section 1717

  Plaintiff Did Achieve What He Wanted, So Reversal of Fortunes—He Prevailed!      The appellate court in Zock v. Esparza, Case No. D062784 (4th Dist., Div. 1 Mar. 13, 2014) (unpublished) reversed as a matter of law a lower court’s grant of fees against a plaintiff who actually achieved his main litigation results. Basically, plaintiff […]

Prevailing Party/Section 1717: Fee Claimant Under Contractual Deed Of Trust Clauses Still Must Show It Is A Prevailing Party Under Civil Code Section 1717

Cases: Prevailing Party, Cases: Section 1717

  “Losing Party” Not Entitled to Fee Under Most Contractual Fee Clauses, Muses Appellate Court.      The fee claimant in Vail Lake Rancho California, LLC v. Abreu, Case No. D061892 (4th Dist., Div. 1 Mar. 7, 2014) (unpublished) somewhat flummoxed the appellate court on review in challenging a denial of fee recovery under two contractual

Section 1717/Settlement: Couple Releasing Former Law Firm In Settlement Agreement Hit With Fee Recovery Of $230,803 In Favor Of Former Law Firm

Cases: Section 1717, Cases: Settlement

  Contractual Clauses in Retainer and Settlement Agreements Conferred Fee Entitlement Upon Former Law Firm.      This next case demonstrates a couple of things—first, be careful how you draft settlement releases (because they may release inadvertent parties and give rise to fee recovery), and second, subjective intent evidence is generally not probative in parol evidence

Section 1717: Hmong Litigation Fight Results In Prevailing Defendants Gaining $88,742.47 In Attorney’s Fees In Dismissed Lawsuit

Cases: Section 1717

  Declaratory Relief Count Was Contractual; Fee Clause Did Encompass Nonsignatory Defendants As Far As Fee Recovery.      Fresno, California has a fairly large Hmong population, and this next case was a contractual battle between corporate parties and officers/directors where plaintiffs eventually dismissed their case against prevailing party defendants pursuant to stipulation after failing to

Section 1717: Borrower Beating Lender On Ground Collection Barred By Antideficiency Statutes Entitled To 1717 Fee Recovery

Cases: Section 1717

  De Novo Review Shows Fee Entitlement, Where Winning Borrower Showed Note/Trust Deed Unenforceable.      Borrower in Rohde v. Clark, Case No. F064642 (5th Dist. Jan. 30, 2014) (unpublished) defeated lender’s claim on a promissory note and second trust deed on the basis they were barred by the antdeficiency statutes. Based on fees clauses in

Fee Clause Interpretation/Section 1717: Fourth District, Division 3, In Unpublished Decision Determines That Contractual “Actual Fees” Clause Subject To Civil Code Section 1717 Reasonableness Requirement

Cases: Fee Clause Interpretation, Cases: Section 1717

  Earlier, Second District, Division 2 Came to Same Result in Unpublished Opinion.      Reasonableness is one of those concepts finding wide application in the law, whether the “reasonable person” in tort or criminal law or what most judges like to see in the positions being taken by practitioners on behalf of their clients.     

Prevailing Party/Section 1717: LLC Co-Manager Obtaining Buy-Out In Dissolution After Two Years Of Litigation Entitled To Prevailing Party Fee Recovery Under LLC Operating Agreement

Cases: Prevailing Party, Cases: Section 1717

  Fee/Costs Award of $96,518 Affirmed on Appeal in Favor of Prevailing LLC Co-Manager.      Prevailing party status, we would observe, does focus on pragmatics, especially under Civil Code section 1717 (which allows recovery of fees under certain circumstances where there is a fees clause). The next case illustrates that in the context of a

Estoppel/Section 1717: Contract Only Allowing For Recovery Of Costs, Not Specifying Attorney’s Fees, Did Not Give Rise To Fee Recovery

Cases: Estoppel, Cases: POOF!, Cases: Section 1717

  However, Prevailing Party Did Get Routine, Non-Fee Costs Based on Waiver/Inadequate Record on Appeal.      In Yamtob v. Alon, Case No. B247453 (2d Dist., Div. 5 Dec. 31, 2013) (unpublished), plaintiff lost a dispute to defendant/cross-complainant, who certainly obtained a net recovery judgment against plaintiff arising out of a diamond transaction. (Fitting over the

Allocation/Employment/Landlord-Tenant/Section 1717: Wild Landlord/Tenant And Minimum Wage Earner Battle Means All Fee Awards Had To Be Reversed

Cases: Allocation, Cases: Employment, Cases: Landlord/Tenant, Cases: Section 1717

  Rental Inhabitability Battles Are Contractual, Giving Rise to 1717 Fee Exposure, While Limited Success On Minimum Wage Mandatory Fee-Shifting Claims Requires Apportionment and Possible Reduction.       This next case is hard to pigeonhole, because it involves cross-over issues in the Landlord/Tenant and Employment post sites. However, Staley v. Carlson, Case No. A133115 (1st Dist.,

Appealability/Section 1717: Nonsignatories Standing In Shoes Of Contractual Party Faced Fee Exposure Under Credit Application Fee Clauses

Cases: Appealability, Cases: Nonsignatories, Cases: Section 1717

  Appellate Fees After Prior Reversal Properly Appealable Under Collateral Order Doctrine.      Defendants appealed from an assessment of $47,852.77 in appellate fees resulting from a prior appeal (involving a reversal) in Apex LLC v. Korusfood.com, Case No. G047737 (4th Dist., Div. 3 Dec. 23, 2013) (unpublished), where the appellate fees were awarded on remand.

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