Cases: Section 1717

Estoppel, Section 1717: After Reversal of Prior Judgment Finding No Easement, Defendant HOA Was Properly Awarded $731,682.08 In Section 1717 Fees And $111,540.01 In Costs

Cases: Estoppel, Cases: Section 1717

Judicial Estoppel Did Apply Against Plaintiffs Where They Litigated The Position That The Easement Maintenance Agreements Had Fee Clauses, And Were Awarded Fees Before Prior Reversal.             Ranch at the Falls LLC v. Indian Springs Homeowners Assn., Inc., Case No. B311278 (2d Dist., Div. 8 Feb. 10, 2022) (unpublished) demonstrates how a change of fortune […]

Prevailing Party, Section 1717: Attorneys’ Fees Award To Prevailing Plaintiff Upheld On Appeal Despite Invalidation Of Contract Between The Parties Due To Defendants’ Fraud.

Cases: Prevailing Party, Cases: Section 1717

Plaintiff’s Action Was “On The Contract” For Purposes Of Civ. Code § 1717, And Fees Provision In Parties’ Contract Was So Broad That It Allowed Award Of Fees To Prevailing Party Whether Action Was Based In Tort Or In Contract.             In Song v. Creative Global Investment, Case Nos. B299422/B301697/B304884 (2d Dist., Div. 2 February

Section 1717: Void Indemnity Provision Potentially Allowing Fee Recovery Against Public Agency Did Not Allow Fee Entitlement

Cases: Section 1717

Substantial Fees Against Public Agency Went Away For Now.             San Luis Obispo Local Agency Formation Com’m v. Central Coast Development Co., Case No. B304144 (2d Dist., Div. 6 Jan. 3, 2022) (published) establishes that where an indemnity provision in a public agency contract, even though potentially allowing for fee recovery, is void; there is

Prevailing Party, Section 1717: Where Defendant Obtained Injunctive Relief Against Plaintiff In Nonsolicitation Restriction Litigation, Section 1717 Fees And Costs Were Justified

Cases: Prevailing Party, Cases: Section 1717

$596,114 In Fees And $84,125 In Costs Affirmed On Appeal.             In Blue Mountain Enterprises, LLC v. Owen, Case Nos. A157054/A158783 (1st Dist., Div. 1 Jan. 28, 2022) (published), plaintiff obtained a TRO, preliminary injunction, and permanent injunction in hard-fought litigation against a defendant who transferred his ownership interest in real estate/construction related business to

Prevailing Party, Section 1717, Section 998: 1/4 DCA Reverses Trial Court’s Denial Of Section 998 Fees To Defendant Who Entered Handwritten Agreement To Transfer Real Property Valued At More Than His 998 Offer.

Cases: Prevailing Party, Cases: Section 1717, Cases: Section 998

Plaintiffs Voluntarily Dismissed Action Without Terms Of Handwritten Agreement Being Met And Property Was Never Transferred.             In Debenedetti v. Debenedetti, Case No. A162074 (1st Dist., Div. 4 January 24, 2022) (unpublished), plaintiff brothers, who were successor co-trustees of their father’s trust, filed an action against their brother for breach of a promissory note securing

Section 1717: Prevailing Borrower’s Win Was On Tort, Not Contract Claims, Such That Contractual Fees Were Not Justified

Cases: Section 1717

Lender Also Asked For Fees For Prevailing On Contract Claims, But That Was Forfeited By Not Timely Asking For Them Earlier.             In Vakili v. Bank of America, N.A., Case No. C091767 (3d Dist. Jan. 20, 2022) (unpublished), a borrower and lender won and lost some claims where there were contractual attorney’s fees clauses in

Prevailing Party, Section 1717: In Contentious Litigation Where A Default Judgment Was Vacated, Party Attempting To Pay Off The Amount In Dispute Was Finally The Prevailing Party

Cases: Prevailing Party, Cases: Section 1717

Section 1717 Tender Rules Were At Issue, Affirming Determination That The Party Attempting To Settle The Debt Was In The Right.             Believe me, the equities in a case do matter, even one involving numerous lower court proceedings (both in California and Maryland courts) and six appeals considered by the Second District.             This is

Damages, Section 1717: In Malpractice Case For Missed Appeal, Borrowers Recovered Only A Portion Of Fees Paid To Trustee Because Trustee Was Entitled To Recovery Under § 1717 Such That The Additional Fees Were Not Chargeable Against Malpractice Defendant

Cases: Fees as Damages, Cases: Section 1717

Case-Within-Case Malpractice Principles Drove The Result.             As our last post for 2021, we discuss fee recovery as damages in an interesting legal malpractice case, Thompson v. Flynn Riley Bailey & Pasek, LLP, Case No. A161238 (1st Dist., Div. 4 Dec. 30, 2021) (unpublished).             What happened in this one was that borrowers received some

Prevailing Party, Section 1717: Where Result Was Mixed, Trial Court Did Not Err In Determining That Prevailing Party Borrowers Prevailed More Than Lender

Cases: Prevailing Party, Cases: Section 1717

$107,605.20 Fee Award Was The Borrowers’ Gain; Some Tort Claims, If Related To Enforcement Of A Note, Are Recoverable Under Civil Code Section 1717.             In Bays v. Ashcraft, Case No. D079056 (4th Dist., Div. 1 Nov. 18, 2021) (unpublished), borrowers and lender got into a tussle, with there being mixed results but with the

Deeds of Trust, Section 1717: Trial Court’s Award Of $508,186.49 In Attorney’s Fees To Loan Servicer Acting As Agent For Mortgage Loan Owner In Judicial Foreclosure Action Affirmed On Appeal

Cases: Deeds of Trust, Cases: Section 1717

Mortgage Loan Owner’s Entitlement To Contractual Fees Under Note And Deed Of Trust Fee Provisions Transferred To Loan Servicer When It Was Authorized To Act As Loan Owner’s Agent In Enforcing The Deed Of Trust.             In Nationstar Mortgage v. Abalkhad, Case No. B303946 (2d Dist., Div. 1 October 22, 2021) (unpublished), homeowner in judicial

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