CALIFORNIA FAMILY LAW
...Attorney Fees
......Prevailing Party Agreements (CC 1717)
.........Fees Properly Awarded
 17 Cards On This Topic:
  • P, who voluntarily dismissed after receiving monetary settlement from D, has received a net monetary recovery and is entitled to costs as a prevailing party under CCP §1032(a)(4).
  • Entity represented by in-house counsel may recover attorney fees at prevailing market rates under Civ. Code §1717.
  • Party represented by counsel in atty-client relationship is entitled to an award of fees and costs even if they have been or will be borne by a third party.
  • When party obtains simple, unqualified victory by defeating the only contract claim in action, CC 1717 entitles him to recover reasonable contractual attorney fees; when prevailing party unclear, court compares relief sought to results achieved.
  • A defendant who tenders payment of a default judgment is in the same position as a defendant who makes a pre-complaint tender of payment of a contractual debt.
  • Suits "on a contract" for purposes of prevailing party attorney fee clauses are construed liberally and extend to any action that involves a contract
  • Plaintiff does not have to prevail on all claims to be the prevailing party.
  • CCP §1021.5 allows a partially prevailing party to collect attorneys fees against an opposing party even where its claims against that party failed; opposing party can request apportionment of fees.
  • H properly awarded prevailing party fees by family law court for defeating a related civil lawsuit.
  • H was the prevailing party even though he did not achieve his pendente lite objectives.
  • When a party prevails in an action on a contract by establishing that the contract is invalid, inapplicable, unenforceable, or nonexistent, CC §1717 permits the party to recover attorney fees.
  • Assignee and holder of retail sales K responsible for paying award of attorney fees under settlement agreement where K made assignee subject to all claims and defenses.
  • Trial court has broad discretion to determine the amount of reasonable attorney fees even when the parties stipulate the prevailing party is entitled to recover fees and costs.
  • D entitled to contractual atty fees under CC 1717 for successfully obtaining dismissal of action for forum non conveniens. (See Profit Concepts Management v. Griffith.)
  • Because trial court granted motion to quash service for lack of personal jurisdiction, former employee was prevailing party on K under CC 1717 and entitled to reasonable atty fees as costs.
  • Court may delete duplicative time, but abuse of discretion to award only 20% of fees to prevailing party per agreement.
  • P properly named prevailing party despite failing to recover monetary damages against D.


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