Under CCP 1987.2, a party that moves to quash a subpoena for that party's personal identifying information may recover attorney fees upon demonstrating (i) he prevailed on the motion to quash, (ii) the underlying action arises from the party's exercise of free speech rights on the Internet, and (iii) the plaintiff in that proceeding did not make a prima facie… Read More
This decision holds that under Civ. Code 9564 (providing for attorney fees in suits on construction surety bonds) and CCP 1032, the prevailing party is entitled to recover attorney fees and costs even if that party has been represented at no cost to that party--as here, the prevailing surety's defense was paid under by the construction contractor-principal on the bond… Read More
The trial court did not abuse its discretion in finding that neither party prevailed or was entitled to an attorney fee award under the Davis-Stirling Act (Civ. Code 5975(e)) or the private attorney general statute (CCP 1021.5) in this suit by a condo owner against the condo association. Although plaintiff obtained a preliminary injunction and prevailed in forcing the condo… Read More
Although plaintiff prevailed on only one of several claims, it obtained a preliminary and permanent injunction on its claim for breach of a non-competition clause and was the prevailing party entitled to an attorney fee award. Read More
The court that decided in Reveles v. Toyota by the Bay (1997) 57 Cal.App.4th 1139, 1158 that "prevailing party" under the Song-Beverly Act (Civ. Code 1794) was governed by CCP 1032's net monetary judgment standard, now abandons that holding and holds instead that prevailing party is determining under Civ. Code 1794 as it is under Civ. Code 1717 by the… Read More
Gov. Code 91003 allows an attorney fee award to the prevailing party in an action seeking injunctive relief to enjoin violations or to compel compliance with the provisions of the Political Reform Act. This case holds that the statute does not pit impecunious plaintiffs against well-healed defendants. So, the prevailing party standard adopted in Fogerty v. Fantasy, Inc. (1994) 510… Read More
On claims to which Civ. Code 1717 applies (claims on a contract), the statute's definition of "prevailing party" supersedes any definition of that term in the parties' contract. In applying the Hsu v. Abbara (1995) 9 Cal.4th 863 test of prevailing party, the trial court may not consider settlement offers the parties have made either informally or under CCP 998… Read More
If a defendant unsuccessfully moves to compel arbitration of a lawsuit filed against it, the lawsuit continues in court. So for purposes of Civ. Code 1717, the plaintiff does not become the prevailing party on the contract simply by defeating the motion to compel arbitration. However, if not yet having been sued, a party files an independent petition to compel… Read More
Under CCP 1032(a), a prevailing party is entitled to a cost award even if it is united in interest with co-parties that did not prevail, but the trial court has discretion in awarding only those jointly incurred costs which were reasonably necessary to the prevailing party’s case. Read More
