Fourth District, Division 1 So Holds in Unpublished Decision. In pro per defendant (a former client) was sued by her family family law attorney for unpaid fees, being hit with a $57,500 contractually-based jury verdict and an award of $50,250 in attorney’s fees, plus prejudgment interest and costs. She appealed the fee award, arguing […]
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
Second District, Division 8 Sustains Award for Winning Party After Prevailing at Pleading Stage of Case. Who says that cases cannot resolve early, with an award of attorney’s fees to the winning party. The next one shows that this can be within the realm of possibility, even though many matters do not usually garner
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
Fourth District, Division 3 Puts Decision “In the Books.” In our September 30, 2010 post, we discussed Hyduke’s Valley Motors v. Lobel Financial Corp., Case No. G042816 (4th Dist., Div. 3 Sept. 29, 2010), which found no Civil Code section fee recovery was allowable to a plaintiff used car dealer because it did not
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 In Duenas v. Fraccionamiento Villas Del Mar, S.A., Case No. B219112 (2d Dist., Div. 2 Sept. 30, 2010) (unpublished), parties to a Baja California condominium dispute settled, reached a stipulation that all issues but a note payment issue in favor of plaintiff—including
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appellate opinions along the way, V3I v. Western Digital Corp., Case No. G041386 (4th Dist., Div. 3 Sept. 29, 2010) (unpublished) finally ran its course, with the final appeal being from a $289,000 costs award and
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
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
Second District, Division 4 Orders Denial of Motion to Tax Costs. Civil Code section 1717 applies to fee award requests, not an award of routine costs. If a memorandum of costs itemizes routine costs authorized by statute (such as filing fees, process service fees, and exhibit copying expenses), the burden is on the
