Plaintiff Won Below, But Denied Fees Based on Trope, With Affirmance on Fee Recovery Not Making Defendant the Prevailing Party. The next case is an elegant, short unpublished decision that demonstrates Civil Code section 1717 “prevailing party” status must be based upon consideration of the whole lawsuit, not just an appellate win on […]
Fact that Trust Deed Holder Might Have to Pay Fees Assessed Against Homeowners Did Not Trigger 1717 Fee Recovery. Diamond Heights Village Assn., Inc. v. Financial Freedom Services Funding Corp., Case Nos. A126145 et al. (1st Dist., Div. 4 June 7, 2011) (certified for publication) is a good addition to Civil Code section 1717
Wild Landlord-Tenant Dispute Gives Rise to Reversal of $212,685 Fee Award Against Both Signing and Nonsigning Defendants. Robertson v. Sapir, Case No. B224458 (2d Dist., Div. 3 May 24, 2011) (unpublished) was a “wild” landlord-tenant dispute including reported accusations of landlord’s brother (a tenant in a boarding room type of arrangement) bothering a
Work Authorization Was Part of the Contract, Sustaining Fee Recovery. Cooley’s General Pest and Termite Control, Inc. v. Westlake Bay Homeowners Assn., Case No. B221937 (2d Dist., Div. 6 May 24, 2011) (unpublished) is a case where an HOA was hit with a $102,025 attorney’s fees award under Civil Code section 1717. (Could have
Second District, Division 2 Answers the Question Under Civil Code Section 1717. We have seen numerous contracts that have attorney’s fees clauses that read something like this: “In any action between the parties arising out of or in relation to this Agreement, including any collection attempts should Payment not be timely made, the prevailing
Order Granting the People $707,882.50 in Attorney Fees and Costs of $32,673 Goes Up in Smoke, But Not to Worry, Parties Will Get to Light Up Again in Trial Court In this appeal, R.J. Reynolds Tobacco Company challenged an order awarding attorney fees to the People for enforcing a Consent Decree banning participating tobacco
Breadth of Clauses Are the Determinative Factors. By way of summary adjudication, nonsuit, and directed verdict, defendants beat contract and tort claims brought by plaintiffs, with the two defendants (Mr. Sun and C2) seeking postjudgment attorney’s fees awards but only C2 garnering a $120,000 fee award for prevailing on an implied covenant contract
Arbitration Award Reinstated, Which Meant Substance of Attorney’s Fees Award Not Reviewable Absent Trial De Novo Request. Here is one of the first decisions we have summarized dealing with a fee award in a judicial arbitration award which became binding after plaintiffs dismissed a complaint without prejudice after filing a trial de novo
Discretion Only Goes So Far, Says Our Local Appellate Court Presiding Justice Sills, on behalf of a 3-0 panel of our local appellate court, determined in La Cuesta v. Benham, Case No. G043788 (4th Dist., Div. 3 Mar. 29, 2011) (certified for publication) that discretion can only go so far when a litigant
Plaintiff’s Voluntary Dismissal Without Effect; Offset for Prior Settlements Meant No Change in Result Due to Her Prior 998 Offer. A trifecta of issues was considered by the appellate court in Goldstein v. Williams, Case No. D057826 (Mar. 24, 2011) (unpublished). In this one, plaintiff sued for breach of contract and in
