November 20, 2023 |

Kibler Fowler & Cave LLP Prevails on Motion for Attorneys’ Fees Following Complete Victory on Summary Judgment

On November 17, 2023, Kibler Fowler & Cave prevailed on a motion for attorneys’ fees in the amount of $740,199.48 in Riverside County Superior Court. KF&C represented THT Group LLC, a vertically integrated cannabis startup in Lake Elsinore, California, its member-manager and 18 other individuals in the lawsuit, which alleged multiple causes of action, including recission, breach of contract, breach of fiduciary and fraud. On May 30, 2023, after several years of litigation and 18 depositions, KF&C achieved a complete victory on summary judgment on all causes of action against all 20 defendants, which eliminated the need for the scheduled month-long trial (read more about that victory here).

Following the summary judgment victory, KF&C filed a memorandum of costs seeking $44,857.84. On August 23, 2023, the Court granted the motion for costs. KF&C then moved for attorneys’ fees pursuant to the parties’ Amended Restated Operating Agreement and the Action by Written Consent modifying it, which provide for recovery of reasonable attorneys’ fees to the prevailing party. In the motion, KF&C argued that those agreements were the basis of each of the plaintiffs’ claims in the litigation, which the Court summarily adjudicated in favor of all defendants and against all plaintiffs, thereby making the defendants the prevailing parties entitled to their reasonable attorneys’ fees. The Court declared KF&C’s clients the prevailing parties and awarding $740,199.48 in attorneys’ fees which, in addition to costs, brings the total award to $785,057.32. The Court also denied the plaintiffs’ cross-request for fees outright.

The KF&C team is comprised of Partner John Fowler, Senior Associate Adam Pullano, Associate Zien Halwani, and Paralegal Praveeta Garcia.

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