Cases: Section 1717

Civil Code Section 1717: Mutuality Of Remedy Means Winner Gets Fees Even If Winner Proves There Was No Valid Contract

Cases: Reasonableness of Fees, Cases: Section 1717

Recent Case Illustrates Operation of this Mutuality Principle.      In Silva v. Tong, Case No. A124903 (1st Dist., Div. 4 Dec. 11, 2009) (unpublished), plaintiff sought to enforce a purchase offer with an attorney’s fees clause as an enforceable contract even though it was never signed by defendants. Defendants were granted summary judgment, and then […]

Fee Clause Interpretation and 998 Offers: Court Of Appeal Remands $400,000 Fee Award against Contractor But Affirms Separate $296,148.84 Against Contractor In Favor of Subcontractor

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Section 1717, Cases: Section 998

Fourth District, Division 1 Address Plethora of Fee Issues in Unpublished Decision.      Well, strap your helmets on, readers, because we now synopsize a 75-page unpublished decisions dealing with a cornucopia (a good word in celebration of upcoming Thanksgiving) of attorney’s fees issues under California law.      In The Gifted Schools v. Grahovac Construction Co.,

Fee Clause Interpretation: Landlord Awarded Substantial Attorney Fees For Prevailing In Three Actions Against Feisty Former Tenant

Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

  Court of Appeal Finds Fee Clause is Broad Enough to Encompass All Three Actions.      Under Civil Code section 1717, the key to recovering fees in disputes involving contract and tort claims often devolves to a determination of whether the fee clause is sufficiently broad to encompass matters “arising out of” or “concerning” the

Fee Clause Interpretation: Narrowly-Worded Fee Clause Did Not Allow For Fee Recovery By Attorney In Successfully Defending Against Legal Malpractice Action

Cases: Fee Clause Interpretation, Cases: Section 1717

Fourth District, Division 1 So Holds In a Result Consonant With Prior Reviewed Decisions on this Website.      Here is one we have seen before, but bears repeating.      Attorney sues to collect on a receivable owed from a former client, but through a cross-complaint after client sues for legal malpractice. Attorney prevails in both

Civil Code Section 1717: Substance Of Motion Or Action Determines If “On The Contract” For Purposes of Contractual Fee Recovery

Cases: Section 1717

Two Unpublished Decisions Highlight the Key Distinction. 1. Solomon v. Solomon, Case No. B209627 (2d Dist., Div. 7 Nov. 12, 2009) (unpublished).      In this one, former wife sued to enforce a settlement agreement containing an attorney’s fees clause. She moved to enforce the settlement under Code of Civil Procedure section 664.6, the statutory summary

Prevailing Party: Defendants City And Landlord Win Summary Judgment and Gain $184,605 Fee Award As Prevailing Parties Under Civil Code Section 1717

Cases: Deadlines, Cases: Prevailing Party, Cases: Section 1717, Cases: Standard of Review, Cases: Substantiation of Reasonableness of Fees

Both Determinations Affirmed on Appeal.      In Marinos v. City of Rocklin, Case Nos. C058958/C060844 (3d Dist. Nov. 4, 2009) (unpublished), defendants City and landlord prevailed on a summary judgment motion based on plaintiffs not complying with a notice provision in a settlement agreement with a fees clause. The trial court then awarded defendants $184,605

Costs And Fees: Defendants “Unified In Interest” Liable For Routine Costs And Are Denied Substantial Attorney’s Fees Because Allocation Was Proper

Cases: Allocation, Cases: Costs, Cases: Indemnity, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Second District, Division 3 Address Many, Many Procedural Issues in Unpublished Opinion.      In Matusek v. Benn, Case No. B206776 (2d Dist., Div. 3 Oct. 29, 2009) (unpublished), two sets of defendants (the Murad and Benn defendants, each set composed of businesses and their principals) contracted to create an infomercial using an appearance by plaintiff

Civil Code Section 1717: Nonsignatories Who Were Intended To Be Parties Can Be Entitled To Contractual Fee Recovery Even Though Contractual Clauses Are Very Limited In Nature

Cases: Fee Clause Interpretation, Cases: Section 1717

Second District, Division 4 Explores Some “Nooks and Crannies” of Section 1717 in Unpublished Opinion.      This next case, albeit unpublished, is a very scholarly discussion of Civil Code section 1717, exploring nonsignatory and fee clause breadth issues. And, best for us, only a challenge to a denial of attorney’s fees is involved. So, with

Prevailing Party: Tenant Properly Denied Attorney’s Fees As Prevailing Party Where Landlord Got To Obtain Some Of A Security Deposit And Tenant Obtained Some Of The Security Deposit

Cases: Prevailing Party, Cases: Section 1717

Second District, Division 7 Sustained “No Prevailing Party” Determination Under Civil Code Section 1717.      One of our leading cases is Hsu v. Abbara, 9 Cal.4th 863 (1995). It is must reading for all litigators, and might save your client a substantial amount of fees if you can talk the clients into believing that Civil

Civil Code Section 1717: Ninth Circuit Holds Tenants Winning On Preemption Issue Entitled To Fees Because Issue Arose “On The Contract”

Cases: Allocation, Cases: Preemption, Cases: Section 1717

  Federal Court of Appeals Sustains $180,029.50 Fee Award to Tenants.      In Barrientos v. 1801-182 Morton LLC, Case No. 07-56697 (9th Cir. Oct. 9, 2009) (certified for publication), tenants won summary judgment and permanent injunctive relief with respect to illegal notices of eviction served by a landlord arguing that Los Angeles Rent Stabilization Ordinance

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