California Supreme Court Watch

Nov 30, 2016
#16-422 LTL Commercial, LLC v. Hammer IRP TLT Associates, LLC, S237689. (B262176, B263715; nonpublished opinion; Los Angeles County Superior Court; BC500790.)

#16-422 LTL Commercial, LLC v. Hammer IRP TLT Associates, LLC, S237689. (B262176, B263715; nonpublished opinion; Los Angeles County Superior Court; BC500790.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. The court ordered briefing deferred pending decision in Mountain Air Enterprises, LLC v. Sundowner Towers, LLC, S223536 (#15-25), which includes the following issues: (1) Does the assertion of an agreement as an affirmative defense implicate the attorney fee provision in that agreement? (2) Does the term “action” or “proceeding” in Civil Code section 1717 and in attorney fee provisions encompass the assertion of an affirmative defense?

Review granted/briefing deferred: 11/30/16

See California Court of Appeal opinion