Cases: Section 1717

Construction Litigation: Fourth District, Division 1 Reverses Fee Awards Under Code of Civil Procedure Section 1038 and Reverses/Affirms Others Under Civil Code Section 1717

Cases: Fee Clause Interpretation, Cases: Indemnity, Cases: Section 1717

Court of Appeal Discusses Numerous Issues Under the Two Statutes.      In a complicated construction dispute between window subcontractor and other construction professionals sued for equitable indemnity and contribution, the Fourth District, Division 1 reversed and affirmed some fee awards against window subcontractor after overturning a judgment on the pleadings, affirming a summary judgment as […]

Civil Code Section 1717: No Apportionment Necessary Where Bank’s Demand On Completion Guaranty Made Everything Interrelated

Cases: Allocation, Cases: Section 1717

Third District So Holds in Recent Unpublished Decision.      Under our category “Allocation,” we have reviewed cases arising under Civil Code section 1717 in which courts do and do not require apportionment of work between contract/noncontract claims for purposes of awarding fees. The basic test is that apportionment is not required where claims are “so

Purchase Agreement Mediation Clause: Even Nonsignatories Need To Satisfy Fee Qualification Requirement Or Risk Nonrecovery of Fees

Cases: Mediation, Cases: Section 1717

Fourth District, Division 2 Extends Mediation Penalty to Nonsignatories in Unpublished Opinion.      In our category “Cases: Mediation,” we have surveyed decisions warning all participants in a real estate transaction to satisfy a mediation requirement if it is called for as a requisite of obtaining an award of attorney’s fees under a fees clause. (Two

Civil Code Section 1717: Fee Award Reversed Because Prevailing Party Determination Is Different Than The Standard For Adjudging An Award Of Routine Costs

Cases: Allocation, Cases: Costs, Cases: Prevailing Party, Cases: Section 1717

Second District, Division 7 Remands for Further Fee Proceedings.      City of Los Angeles won attorney’s fees against a replacement contractor selected by a bonding surety, where surety and replacement contractor entered into contractual agreements incorporating original agreements between City and the replaced contractor. Replacement contractor lost in the construction litigation, with the trial court

Arbitration: Arbitrator’s Fee Award Modified By Appellate Court Based On Finding “No Anchor” For Fee Recovery

Cases: Allocation, Cases: Arbitration, Cases: Section 1717, Cases: Special Fee Shifting Statutes

First District, Division 2 Demonstrates Appellate Scrutiny Of Basis For Fee Award.      In past posts (see, e.g., our July 15, 2008 post on Patel v. Sagar), we have reviewed appellate decisions involving scrutiny of arbitration awards. Several decisions have affirmed arbitrator fee awards even though there was no clear basis, either by contract or

Fraud Cases: Don’t Forget That You May Get Fees Under Robinson Helicopter

Cases: Fee Clause Interpretation, Cases: Section 1717

  Second District, Division Seven Awards Fees To Broker Based On Fraud and Fees Clause in Brokerage Agreement.      Normally, Civil Code section 1717 does not allow recovery for fraud counts, unless the fees clause is broadly worded. (See our category “Cases: Section 1717.”) However, practitioners should not forget that fee recovery may be possible

Civil Code Section 1717: Broadly Worded Clause In Attorney Fee Retainer Resulted In Substantial Fee Award In Malpractice Action To Prevailing Client

Cases: Section 1717

Second District, Division Two Affirms $269,492.50 Fee Award Against Former Attorney Under Retainer Fee Clause.       A recurring theme of our website is that litigation frequently funnels (or devolves, depending on your perspective) down to which litigant wins attorney’s fees under a fee-shifting mechanism. The next case, yet again, is a classic example of how

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