This next opinion, Karr v. Statewide Enterprises, Inc., Case No. 245147 (2d Dist., Div. 1 Aug. 23, 2013) (unpublished), has two interesting points: (1) a motion to vacate a summary judgment was not “on the contract” for Civil Code section 1717 fee recovery purposes given the existence of a narrow fees clause in […]
Neither One Obtained Sought-After Litigation Objectives. When a lower court has discretion to decide who the prevailing party is, unless the facts show otherwise, the abuse of discretion generally applies on appellate review and dictates the result. That is what happened here. In Barez v. Ni, Case No. H037572 (6th Dist. July
Court Can Award 1717 Fees With Enforceable Limitations–Such As, Did Adverse Party Acted Arbitrarily, Vexatiously, In Bad Faith Or Unreasonably–You Bethca! We like Abbey v. Fortune Drive Associates, LLC, Case No. A135062 (1st Dist., Div. 1 July 29, 2013) (unpublished) for a lot, if not a couple of, reasons: (1) it talks about
This Case Cuts Across Several Issue Categories. Two painted bronze “golfers” compare notes. Carol M. Highsmith Collection. Library of Congress. Masters v. Burton, Case Nos. B234555/B239447 (2d Dist., Div. 6 July 25, 2013) (unpublished) is a case about errant golf balls and litigation claiming concealment of the golf ball “hazard” in connection with
Primary Right Showed Contractual Dispute Involved. In CT Glendale, LLC v. Liu, Case No. B241445 (2d Dist., Div. 2 July 17, 2013) (unpublished), plaintiff obtained $37,612 in Civil Code section 1717 contractual fees in a litigation dispute interpreting which party owned cabinetry under a settlement agreement also containing a fees clause. Plaintiff won
Defendant Recovered Less on Cross-Complaint Contractual Claim, So Plaintiffs Prevailed. Julius Castle Restaurant, Inc. v. Payne, Case Nos. A130955 (1st Dist., Div. 1 June 10, 2013) (partially published; fee discussion not published) may be one of the first published cases discussing post-Riverisland factors for the courts and juries to consider after the overruling
"Alex," prize German police dog and pet of Miss Ailsa Mellon, daughter of Treas. smokes cigarettes n’everything. Alex’s father is the $12,000 prize police dog "Wolfe". 1924. Library of Congress. In our April 27, 2013 post, we explored Tobacco I, an April 23 unpublished decision out of the Fourth District, Division 1 dealing with
Settlement Agreement’s Reservation Of Fee Determination Based on Trade Secret Misappropriation Statute Did Allow Lower Court To Determine If Fee Entitlement Proven In Postjudgment Fee Proceeding Denial of Fee Recovery Reversed and Remanded. Khavarian Enterprises, Inc. v. Commline, Inc., Case No. B243467 (2d Dist., Div. 4 May 14, 2013) (published) demonstrates that appellate courts
Trial Court Decision Affirmed on Appeal. Plaintiff, a chief technology officer, sued his ex-employer and a couple of other employees, losing contract and conversion claims but winning about $20,000 on an unpaid wage/hour claim. Both sides then moved for attorney's fees. The trial court awarded the defendants $167,104.87 in fees on the contract
Cigarette ad, Times Square. Feb. 1943. John Vachon, photographer. LOC. Although this case has quite a storied history, In re Tobacco Cases I, Case Nos. D061077/D061676 (4th Dist., Div. 1 Apr. 26, 2013) (unpublished) looks like it may be finally finished, thanks to this decision. What happened is this, in brief. People,
