Legal Question in Real Estate Law in California

I was in a real estate related law suit since 2007 that is now wrapping up. I am the defendant. The court ruled that the purchase contract was valid and that I prevailed on almost all (7/9) causes of action which included fraud, breach of fiduciary duty, common count, accounting, breach of contract, conspiracy to defraud and an action to invalidate a deed of trust and promissory note. Plaintiff won: declaratory relief and quiet title/injunctive relief.

Judgment ruled Plaintiff was prevailing party (how so??? only 2 causes won?) and is awarded her costs of suit.

Her attorneys are objecting this to include costs of suit and attorneys fees.

Plaintiff filed a FORMA PAUPERIS at the beginning of trial so fees should be minimal.

Question is, is Plaintiff entitled to attorney fees??


Asked on 1/25/11, 3:17 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Courts don't determine prevailing parties on the basis of number of causes of action won, lost or dropped. The question is whether the plaintiff got substantial relief, such as a net monetary recovery. See Code of Civil Procedure sections 1032 and 1033.5. See also Civil Code section 1717 re award of attorney fees in an action based on contract. I'd say if plaintiff got title to disputed real property quieted in his name, that he has prevailed, even though he failed to establish that you committed all those other sins he alleged. If you are representing yourself, ask the judge to explain his or her ruling.

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Answered on 1/27/11, 5:44 pm

I agree with Mr. Whipple that you are not the prevailing party. However, from the information you provide I do not see any basis for an award of attorneys fees. In fact, if they based their claim for attorneys fees on the contract, and you prevailed on the breach of contract cause of action, you should consider filing your own attorneys fees claim.

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Answered on 1/28/11, 12:10 pm
Anthony Roach Law Office of Anthony A. Roach

I couldn't tell you whether they were entitled to attorney's fees or not unless I knew whether there was a contractual provision for them that was the subject of the declaratory relief cause of action, or any specific statute that was litigated.

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Answered on 1/29/11, 4:33 pm


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