Cases: Section 1717

Prevailing Party, Section 1717: 4/3 DCA Affirms $2 Million Section 1717 Fee Award To Plaintiff And $4.6 Million Section 1717 Fee Award To Defendant

Cases: Prevailing Party, Cases: Section 1717

Two Separate Contracts Were At Issue – With Plaintiff Prevailing On The Asset Purchase Agreement And Defendant Prevailing On The Employment Contract.             In Colaco v. Cavotec SA, Case NO. G059418 (4th Dist., Div. 3 June 24, 2021) (unpublished), plaintiffs corporation and its sole shareholder/CEO entered into an Asset Purchase Agreement and Plan of Reorganization […]

Sanctions, Section 1717, Special Fee Shifting Statutes: 2/7 DCA Reverses Sanctions Imposed Against Builder Defendants For Violation Of Stay Order Regarding A Development Project Of Four Homes In The Coastal Zone Of Venice.

Cases: Sanctions, Cases: Section 1717, Cases: Special Fee Shifting Statutes

Stay Order Was Vague And Did Not Provide Builder With Information As To How It Was Supposed To Act Or What Conduct Would Violate The Stay.             In Rudisill v. California Coastal Commission, Case No. B299331 (2d Dist., Div. 7 June 22, 2021) (unpublished), two residents who opposed a development project consisting of four homes

Judgment Enforcement, Section 1717, Undertaking: Denial Of § 1717 Attorney Fees To Third Party Entities Defeating Postjudgment Alter Ego Claims Reversed, But Denial Of Release Of Undertaking To Successful Member/Partner Affirmed

Cases: Judgment Enforcement, Cases: Section 1717, Cases: Undertaking

The Third District Followed The Reciprocity Principle Of § 1717 Set Forth In Reynolds Metals, MSY Trading, And 347 Group In Reversing The Fees Denial, But Affirmed Trial Court’s Denial Of Release Of Undertaking Based On Member/Partner’s Failure To Provide Notice.             In Westwood Homes, Inc. v. AGCPII Villa Salerno Member, LLC, Case No. C089127

Employment, Section 1717: Defendant Winning Independent Contractor Determination Against Real Estate Agent Under Labor Commissioner And De Novo Superior Court Action Was Entitled To $72,519.03 In Fees

Cases: Employment, Cases: Section 1717

Fees Were Justified Based On Broad Contractual Fees Clause.             In Peng v. F.M. Tarbell Co., Case No. B307484 (2d Dist., Div. 2 May 27, 2021) (unpublished), a plaintiff—a licensed real estate agent—lost a fight on whether he was an employee, versus an independent contractor, both at a Labor Commissioner and a superior court de

Allocation, Indemnity, Section 1717, Seriously: 4/1 DCA Affirms $6,000 Damages Award And $143,183.55 Out Of Requested $572,730.11 § 1717 Fees To Prevailing Breach Of Contract Plaintiff Who Proved $1,463,745 In Damages At Trial

Cases: Allocation, Cases: Indemnity, Cases: Section 1717, Seriously

Plaintiff’s Failure To Conduct Due Diligence Prior To Entering Into Commercial Lease And Failure To Mitigate Damages Once Problems Arose Left Him Upside-Down By More Than A Million Dollars When All Was Said And Done             Sherwood v. Vogele, Case No. D076776 (4th Dist., Div. 1 May 7, 2021) (unpublished) highlights the importance of

Allocation, Multipliers, Section 1717, Substantiation Of Reasonableness Of Fees: Reversal And Remand Were In Order Where Trial Court Believed It Did Not Have Authority To Apply A Negative Multiplier In An Award Of Attorney Fees

Cases: Allocation, Cases: Multipliers, Cases: Section 1717, Cases: Substantiation of Reasonableness of Fees

Invoices Submitted In Support Of Plaintiff’s § 1717 Fees Motion Were Extensively Redacted And Contained Vague Block-Billing, Which Offered The Trial Court No Way To Meaningfully Apportion Time Between Causes Of Action.             After defeating defendant’s cross-claim breach of contract cause of action, plaintiff moved for Civ. Code § 1717 attorney fees of $939,600.50, which

Fee Clause Interpretation, Retainer Agreements, Section 1717: Postjudgment Order Awarding Attorney $1,232,735 In § 1717 Fees And Costs Incurred Defending Against Former Client’s Tort And Contractual Claims And Cross-Claim For Unpaid Fees Affirmed

Cases: Fee Clause Interpretation, Cases: Retainer Agreements, Cases: Section 1717

Retainer Agreement’s Broadly-Worded Fee Provision Allowed For Recovery Of Fees For Attorney’s Defense Of All Claims By Former Client, Including Tort Claims – The Defense Of Which Were Necessary To Defeat The Contractual Claim.             In Singh v. Molnar, Case No. B303366 (2d Dist., Div. 7 April 30, 2021) (unpublished), defendant attorney was awarded $1,232,735

Section 1717: $102,036.50 Contractual Fees Award Affirmed Where Certain Arguments For Reduction Were Forfeited And Prevailing Party’s Majority Shareholder Status In Prevailing Party Did Not Result In Trope Disqualification

Cases: Section 1717

Trial Judge Did Reduce Award From Requested $132,036.50 In Fees, Despite Prevailing Party Winning Only $16.259.41 In Compensatory Damages.             Westside Investments, Inc. v. Dolberry, Case No. B299033 (2d Dist., Div. 7 Apr. 20, 2021) (unpublished) was a situation where plaintiff won a contractual case involving an automobile lease to the tune of $16,259.41 in

Deeds of Trust, Section 1717: Deed Of Trust Clause Allowing Fees To Be Added To Debt Did Not Create Civil Code Section 1717 Right To Fees In Favor Of Prevailing Borrower

Cases: Deeds of Trust, Cases: Section 1717

2/1 DCA Followed Analysis In Hart and Chacker.             In 8747 Shoreham, LLC v. Bank of New York Mellon, Case Nos. B294377/B296777 (2d Dist., Div. 1 Apr. 2, 2021) (unpublished), a decades-old real property dispute, owner obtained a default judgment against a deed of trust holder and then moved to recover attorney’s fees as prevailing

Fee Clause Interpretation, Section 1717: $795,728 Fee Award To Litigant Affirmed On Appeal Based On Broad Stock Purchase Agreement Fees Clause, But $926,170 Fee Request Properly Denied As Untimely As Well As Not Allowed Under Promissory Notes Fees Clause

Cases: Fee Clause Interpretation, Cases: Section 1717

In The End, This Dispute Was Driven By The Fee Clauses “Four Corner” Interpretation.             Justice Fybel, as the authoring justice in Dohr v. Lintz, Case Nos. G056144/G058796 (4th Dist., Div. 3 Mar. 24, 2021) (unpublished), was faced with consolidated appeals where a $795,728 fee award was trying to be sustained and where a $926,170

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