CALIFORNIA FAMILY LAW
...Attorney Fees
......Prevailing Party Agreements (CC 1717)
.........Fees Properly Awarded
8 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.

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.

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.