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DISPUTESUITE.COM v. SCOREINC.COM

Respondent’s Answer to Petition for Review

26 Cited authorities

  1. Chia-Lee Hsu v. Abbara

    9 Cal.4th 863 (Cal. 1995)   Cited 764 times   4 Legal Analyses
    Holding that a party is entitled to attorney fees under Civil Code section 1717 even when the party prevails on the ground that the contract is inapplicable, invalid, unenforceable, or nonexistent, if the other party would have been entitled to attorney fees had it prevailed

  2. People v. Pieters

    52 Cal.3d 894 (Cal. 1991)   Cited 282 times
    Referring to sections 12022.7 and 12022.9 as enhancements for “infliction of great bodily injury”

  3. Frog Creek Partners, LLC v. Vance Brown, Inc.

    206 Cal.App.4th 515 (Cal. Ct. App. 2012)   Cited 90 times   2 Legal Analyses
    Denying fees for prevailing on interim motion that did not resolve substantive dispute

  4. Otay River Constructors v. San Diego Expressway

    158 Cal.App.4th 796 (Cal. Ct. App. 2008)   Cited 91 times
    In Otay River v. San Diego, 158 Cal.App.4th 796 (2008), on which BOFA relies, the court concluded that a party who successfully opposed a petition to compel arbitration was entitled to an interim award of attorneys' fees under Section 1717, even though the merits of the underlying contract dispute had not yet been resolved.

  5. Turner v. Schultz

    175 Cal.App.4th 974 (Cal. Ct. App. 2009)   Cited 86 times
    In Turner andOtay River, unlike in Drummond, Advance Financial, and this case, the contract itself provided rights regarding forum choice, so litigation of that issue was itself litigation of the contract.

  6. Maynard v. BTI Group, Inc.

    216 Cal.App.4th 984 (Cal. Ct. App. 2013)   Cited 65 times   2 Legal Analyses
    In Maynard v. BTI Group Inc. (2013) 216 Cal.App.4th 984, the plaintiff sued for breach of contract and a number of tort claims.

  7. In re Estate of Drummond

    149 Cal.App.4th 46 (Cal. Ct. App. 2007)   Cited 66 times   2 Legal Analyses
    Denying attorney's fees because “appellants obtained only an interim victory, based on [the attorney] having attempted to pursue his claims in the wrong forum”

  8. Roberts v. Packard

    217 Cal.App.4th 822 (Cal. Ct. App. 2013)   Cited 33 times
    Holding that under the "plain meaning of section 1717 . . . a petition to compel arbitration filed in a pending lawsuit is not an 'action'"

  9. PNEC Corp. v. Meyer

    190 Cal.App.4th 66 (Cal. Ct. App. 2010)   Cited 33 times
    Holding court may award attorney fees to the moving party under section 1717 following dismissal of an action on a contract for forum non conveniens even though case could be refiled in another state, citing Profit Concepts and other cases reaching the same result

  10. Profit Concepts Management, Inc. v. Griffith

    162 Cal.App.4th 950 (Cal. Ct. App. 2008)   Cited 29 times   2 Legal Analyses
    In Profit Concepts, the court affirmed the trial court's award of attorneys' fees to the defendant where it had dismissed a contract claim for lack of personal jurisdiction, reasoning that "[t]he case in California has been finally resolved" and nothing had been awarded on the plaintiff's complaint.

  11. Section 1717 - Contract providing for award of attorney's fees and costs incurred in enforcing contract

    Cal. Civ. Code § 1717   Cited 2,991 times   17 Legal Analyses
    Allowing an award of attorney's fees where the contract specifically provides for attorney's fees that are incurred to enforce that contract

  12. Rule 8.1105 - Publication of appellate opinions

    Cal. R. 8.1105   Cited 2,086 times

    (a)Supreme Court All opinions of the Supreme Court are published in the Official Reports. (b)Courts of Appeal and appellate divisions Except as provided in (e), an opinion of a Court of Appeal or a superior court appellate division is published in the Official Reports if a majority of the rendering court certifies the opinion for publication before the decision is final in that court. (Subd (b) amended effective July 23, 2008; adopted effective April 1, 2007.) (c)Standards for certification An opinion

  13. Rule 8.500 - Petition for review

    Cal. R. 8.500   Cited 337 times

    (a)Right to file a petition, answer, or reply (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer

  14. Rule 8.504 - Form and contents of petition, answer, and reply

    Cal. R. 8.504   Cited 21 times

    (a)In general Except as provided in this rule, a petition for review, answer, and reply must comply with the relevant provisions of rule 8.204. (Subd (a) amended effective January 1, 2007.) (b) Contents of a petition (1) The body of the petition must begin with a concise, nonargumentative statement of the issues presented for review, framing them in terms of the facts of the case but without unnecessary detail. (2) The petition must explain how the case presents a ground for review under rule 8.500(b)