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Case Law - Attorney Fees

Champir, LLC v. Fairbanks Ranch Assn.

(2021) 66 Cal.App.5th 583 Civil Code Section 5975 allows the prevailing party in an action to enforce the governing documents of a common interest development to recover reasonable attorney's fees and costs. This right persists despite the voluntary dismissal of such an action. Prevailing party determination under the Davis-Stirling Act requires the trial court to compare the relief awarded on the claims with the parties' demands on those same claims and their litigation objectives as disclosed by the pleadings, trial briefs, opening statements, and similar sources.

Grossman v. Park Fort Washington Assn

(2012) 212 Cal.App.4th 1128 In a dispute related to an alleged CC&R violation that was subject to ADR prior to litigation, the prevailing party was entitled to recover its reasonable attorney's fees for participating in pre-litigation mediation. Per the Court's ruling, submitting a dispute to ADR is required prior to litigation, precluding any argument that attorney's fees expended in mediation efforts could be considered unreasonable. Critically, the Court interpreted what is now Civil Code Section 5960 to “strongly impl[y] that the attorney fees a prevailing party spent trying to convince a recalcitrant party to submit the dispute to ADR could be recovered” at the time of judgment.

Heather Farms Homeowners Association v. Robinson

(1994) 21 Cal.App.4th 1568 The court has discretion to determine whether there is a prevailing party for the purposes of awarding attorney fees in an action resolved by settlement and mutual dismissals.



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