Cases: Section 1717

Civil Code Section 1717: Court Of Appeal Affirms Award Of One Half Of Requested Fees Based On Tardiness of Raising Compulsory Cross-claim Waiver Issue

Cases: Reasonableness of Fees, Cases: Section 1717

Rationale Parallels Result by Different Division of Second District in Superior Property of Carson v. Regency Outdoor Advertising.      In our April 17, 2009 post, we examined Superior Property of Carson LLC v. Regency Outdoor Advertising, Inc., a Second District, Division 3 unpublished decision that affirmed a substantial fee award under Civil Code section 1717, […]

Nearly $900,000 In Attorney’s Fees Affirmed In Billboard Litigation

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

  Second District, Division 3 Finds Defendant Lessors Prevailed Despite Claim of “Triplicative” Work By Three Law Firms.      The next one is a wild one and illustrates that substantial attorney’s fees will be awarded under Civil Code section 1717 once the court determines which litigants “prevailed” by achieving their main objectives in the germane

Attorney’s Fee Awards In the News—One Entertainment Case Whooper and Two Smaller Ones

Cases: Section 1717, Cases: SLAPP, Off Topics

Attorney’s Fee Awards In the News—One Entertainment Case Whooper and Two Smaller Ones $14 Million Fee Award – Entertainment Dispute.      Los Angeles County Superior Court produced one of the largest fee awards we know of (with a recent article on the award suggesting it is the biggest ever)–$14 million.      Well-known author Clive Cussler

Civil Code Section 1717 and Fee Clauses Interpretation: Appellate Court Reverses $1,370,604 Fee Award Because Some Recovery Was On Uncovered Fraud Counts And Winner’s Limited Success Required Some Further Apportionment

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

First District, Division 4 Believed Award Needed to Apportion Out Some Fraud Work and Take Into Account Plaintiff’s Limited Success on the Promissory Note Claims.      Who says that appellate courts blindly rubberstamp fee awards by trial courts? The next case certainly demonstrates that this is not the case, with the reviewing courts making sure

Civil Code Section 1717: Trial Court Erred In Denying Fee Award To Defendant Defeating A Lease Purchase Option Specific Performance Claim

Cases: Fee Clause Interpretation, Cases: Section 1717

Second District, Division 1 Reverses Fee Denial as Too Restrictive.      We have reviewed many decisions involving interpretation of contractual fees clauses, which involve a construction of the ambit of Civil Code section 1717. In the next case, the appellate court reversed based on the determination that the lower court interpreted the scope of the

Family Law: A Two-Fer—Family Code Section 271 Award Affirmed And $1.2 Million Civil Code Section 1717 Stipulated Award Upheld On Appeal

Cases: Family Law, Cases: Section 1717

Two Second District Decisions Are Surveyed. Marriage of Kaufman, Case No. B196632 (2d Dist., Div. 4 Mar. 27, 2009) (unpublished)      In this one, wife—after remarrying in a very public ceremony—was ordered to pay her former husband’s attorney’s fees of $15,000 under Family Code section 271 (out of a requested $42,000 in fees), payable in

Civil Code Section 1717: Without Prejudice Dismissal Of Apartment Fire Damage Suit Did Not Give Rise To Fee Exposure

Cases: Fee Clause Interpretation, Cases: Section 1717

  Second District, Division 4 Applies Santisas in Affirming Denial of Fees.      In our category “Leading Cases,” we have listed Santisas v. Goodin, 17 Cal.4th 599 (1998), which held that a voluntary dismissal of contractually-based claims will not lead to fee exposure under Civil Code section 1717. However, Santisas did leave open the exception

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