Cases: Section 1717

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      In Yamtob v. Alon, Case No. B247453 (2d Dist., Div. 5 Dec. 31, 2013) (unpublished), plaintiff lost a dispute to defendant/cross-complainant, who certainly obtained a net recovery judgment against plaintiff arising out of a diamond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a prior appeal (involving a reversal) in Apex LLC v. Korusfood.com, Case No. G047737 (4th Dist., Div. 3 Dec. 23, 2013) (unpublished), where the appellate fees were awarded on remand.

Section 1717: Party Taking Title Pursuant To Quiet Title Judgment, Not Documents With Fee Clauses, Properly Denied Recovery Of 1717 Fees

Cases: Section 1717

  Party Requesting Fees Would Not Have Faced Exposure to Successor Lender Under Document Fee Clauses.      In the Civil Code section 1717 context, especially involving non-signatories, alter egos, successor or joint venturers, a crucial inquiry for recovery is whether this class of litigants would have faced fee exposure under a fees clause to the

Cases Under Review/Prevailing Party/Section 1717: Kandy Kiss Case Under Review

Cases: Prevailing Party, Cases: Section 1717

  Briefing Looks Completed; Issue Is Whether Procedural Victory Based on Federal Exclusive Jurisdiction Entitles Litigant to Prevailing Party Status Under Civil Code Section 1717.      On both September 22, 2012 and December 27, 2012, we posted on Kandy Kiss of California, Inc. v. Tex-Ellent, Inc., a Second District decision affirming an award of attorney’s

Section 1717/Settlement: Lower Court Erred In Denying Contractual Fees To Prevailing Party Upon Written Reply Memorandum Request Before Party Had Chance To Properly File Motion For Fees

Cases: Section 1717, Cases: Settlement

  Denial Order Changed to Provide Prevailing Party Was Entitled to Fees Upon Subsequent Motion.      In Salazar v. Salazar, Case No. D061716 (4th Dist., Div. 1 Nov. 4, 2013) (unpublished), a court enforced a settlement agreement between brothers, with the agreement and a promissory note containing fees clauses in the event of a default.

Section 1717: Action To Avoid Enforcement Of A Contract Is “On The Contract” For Purposes Of Civil Code Section 1717 Fee Recovery

Cases: Section 1717

  Party’s Effort To Invalidate Agreements With Fee Clause Did the Trick For Fee Entitlement.      In Eden Township Healthcare Dist. v. Eden Medical Center, Case No. A136695 (1st Dist.,, Div. 1 Oct. 9, 2013) (published), cross-defendant appealed a lower court’s decision denying it attorney’s fees under Civil Code section 1717 after cross-complainant lost a

Allocation/Section 1717: Fee Clause In Forbearance Agreement Triggered To Allow Fee Recovery For Non-Contract Claim When Defense Based On Agreement Was In Play

Cases: Allocation, Cases: Section 1717

  $181,933 “Generous” Fee Award Not Out of Bounds.      LA Open Door Presbyterian Church v. Evangelical Christian Credit Union, Case No. B246853 (2d Dist., Div. 2 Oct. 4, 2013) (unpublished) is a situation where a defendant was voluntarily dismissed from a suit involving a contract (a written forbearance agreement with a fees clause). Although

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