Some Fee Recoveries Went POOF, Some Stayed, and Some Will Be Re-Done.
Kirk v. Dimitri, Case No. D058758 (4th Dist., Div. 1 Nov. 13, 2013) (unpublished) was a multi-party case arising from a failed residential real estate venture in Fallbrook. Ultimately, a jury and then a court in an equitable trial entered various verdicts and legal findings both in favor of and adverse to various parties, resulting in an appellate imbroglio. The same thing happened on fee motions made pursuant to fee clauses in an operating agreement and various promissory notes, with parties winning some and losing some.
As can be expected in a complex case, the appellate court reversed, affirmed, and remanded for further consideration some of the fee awards.
One fee award was reversed because the prevailing party did not even bring claims against the adverse party. That saw a $350,000 fee award go POOF!
A second fee award was affirmed because the prevailing party did prevail on contractual claims and achieved primary litigation objectives--a Hsu win to be sure.
Other awards were reversed and remanded given the reversal of equitable offset findings which might impact the “mix” on who prevailed.
Comments