Legal Opinion
Sands & Associates v. Juknavorian
California Court of Appeal
Decided October 10, 2012No. B232686PublishedCited by 6 opinions
1Opinion of the Court
Opinion
MALLANO, P. J.
The question on appeal is whether a law firm can recover attorney fees under a “prevailing party” clause when the firm is a successful litigant represented by “of counsel.” Our analysis is based on two well-settled principles. First, when a law firm is the prevailing party in a lawsuit and is represented by one of its partners, members, or associates, it cannot recover attorney fees even though the litigation is based on a contract with a prevailing party clause. (See Carpenter & Zuckerman, LLP v. Cohen (2011) 195 Cal.App.4th 373, 375, 385 [124 Cal.Rptr.3d 598]…
2Cases cited20 opinions
- PLCM Group, Inc. v. DrexlerCalifornia Supreme Court · 2000
- Trope v. KatzCalifornia Supreme Court · 1995
- People Ex Rel. Deparment of Corporations. v. Speedee Oil Change Systems, Inc.California Supreme Court · 1999
- Gorman v. Tassajara Development Corp.California Court of Appeal · 2009
- Lolley v. CampbellCalifornia Supreme Court · 2002
15 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ellis Law Group, LLP v. Nevada City Sugar Loaf Properties, LLCCalifornia Court of Appeal · 2014
- Ahdoot v. Chernyavskiy CA2/2California Court of Appeal · 2020
- Ellis Law Group v. Nevada City Sugar Loaf Prop.California Court of Appeal · 2014
- Quinn, Emanuel Urquhart & Sullivan v. Kurtin CA2/5California Court of Appeal · 2014
- Shames v. Peffer CA4/1California Court of Appeal · 2015
1 more not listed; retrieve them via the Exa API.