Cases: Section 1717

Section 1717: Nonsignatory Cross-Complainant Not Liable For Fees Under Contractual Fee Clause

Cases: Allocation, Cases: Estoppel, Cases: Section 1717

Second District, Division 2 Applies Classic Reciprocity Principles Under 1717.      Baker v. Oleander Corp., Case No. B221193 (2d Dist., Div. 2 Nov. 8, 2010) (unpublished) is another reminder of how reciprocity principles under Civil Code section 1717 operate in cases involving contractual nonsignatory and signatory litigants. It also shows how trial courts will apportion […]

Civil Code Section 1717: Broad Performance Bond Language Is Made Mutual So That Contractor Defeating Owner’s Cross-Complaint Was Entitled To Fee Recovery

Cases: Allocation, Cases: Section 1717

1717 Reciprocity Principles Save the Day Again, Sustaining $366,916.63 Fee Award.      Many construction disputes involve tripartite affairs between owner, contractor, and surety on a performance bond. That was exactly the situation in the next case, with a performance bond having a fee provision that said this: "Contractor/Principal and Surety agree that if the DISTRICT

Civil Code Section 1717: No Prevailing Party Determination Affirmed In Bitterly Contested Real Estate Litigation

Cases: Section 1717

Defendant Wives Found Unified in Interest With Settling Defendant Husbands; Plaintiff’s Voluntary Dismissal of Wives Was Dispositive.      You almost could tell what might happen in the next case. The case involved acrimonious litigation between sellers and buyers for mold and dry rot in a residential property. The parties were plaintiffs husband/wife, defendants husbands, and

Civil Code Section 1717: Award To Prevailing Party Under Settlement Stipulation Entirely Proper

Cases: Homeowner Associations, Cases: Section 1717

Second District, Division 2 Finds Settlement Stipulation Allowed for 1717 Fee Recovery.      In Duenas v. Fraccionamiento Villas Del Mar, S.A., Case No. B219112 (2d Dist., Div. 2 Sept. 30, 2010) (unpublished), parties to a Baja California condominium dispute settled, reached a stipulation that all issues but a note payment issue in favor of plaintiff—including

Deadlines, Section 1717, Allocation, and Section 998: Fourth District, Division 3 Addresses Hodgepodge Of Fee/Costs Issues

Cases: Allocation, Cases: Section 1717, Cases: Section 998

  Affirms $289,000 Costs Award and $1.6 Million Fee Award.      In a long-running case that has produced several appellate opinions along the way, V3I v. Western Digital Corp., Case No. G041386 (4th Dist., Div. 3 Sept. 29, 2010) (unpublished) finally ran its course, with the final appeal being from a $289,000 costs award and

Civil Code Section 1717: No Reciprocity Principles Invoked Unless There Is A Contract Or Third-Party Beneficiary Attribution Involved

Cases: Section 1717

Fourth District, Division 3 So Holds in Wholesale Used Car Dealer Dispute.      In Hyduke’s Valley Motors v. Lobel Financial Corp., Case No. G042816 (4th Dist., Div. 3 Sept. 29, 2010) (unpublished), plaintiff (a wholesale used car dealer) won money due to it from a second car dealer that refused to pay for vehicles sold

Section 1717: Simply Worded Fees Clause Broad Enough To Invoke Reciprocity Principle of Civil Code Section 1717

Cases: Fee Clause Interpretation, Cases: Section 1717

Second District, Division 1 Affirms and Remands to Award Fees on Appeal.      Levaton v. Levaton, Case No. B213730 (2d Dist., Div. 1 Sept. 24, 2010) (unpublished) involved a family real estate deal gone bust, with the trial court ultimately awarding one side rescission. An initial appeal affirmed most of the judgment, but remanded to

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