Defendants A-1 Self Storage Inc., Caster Group LP and Deans & Homer each brought a motion seeking an award of attorney fees, pursuant to Civil Code §1780(e).
"The court shall award court costs and attorney's fees to a prevailing plaintiff in litigation filed pursuant to this section. Reasonable attorney's fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiff's prosecution of the action was not in good faith." Civ.C. §1780(e). The courts have interpreted "not in good faith" as requiring a finding of subjective bad faith. Corbett v. Hayward Dodge, Inc. (2004) 119 Cal.App.4th 915, 924.
The fact that the California Supreme Court ultimately agreed with defendants' position does not mean that prosecution of this action was not in good faith. This lawsuit raised a significant legal issue for which there was little guidance. The appeal to the Fourth District Court of Appeal resulted in a published opinion. If the issue was not an important issue, the Su
Hearing Date
November 29, 2018
Category
Civil - Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
Defendants A-1 Self Storage Inc., Caster Group LP and Deans & Homer each brought a motion seeking an award of attorney fees, pursuant to Civil Code §1780(e).
"The court shall award court costs and attorney's fees to a prevailing plaintiff in litigation filed pursuant to this section. Reasonable attorney's fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiff's prosecution of the action was not in good faith." Civ.C. §1780(e). The courts have interpreted "not in good faith" as requiring a finding of subjective bad faith. Corbett v. Hayward Dodge, Inc. (2004) 119 Cal.App.4th 915, 924.
The fact that the California Supreme Court ultimately agreed with defendants' position does not mean that prosecution of this action was not in good faith. This lawsuit raised a significant legal issue for which there was little guidance. The appeal to the Fourth District Court of Appeal resulted in a published opinion. If the issue was not an important issue, the Su