Planned community associations, see chapter 421J.

In a diversity based breach of contract action involving California guaranty law and federal securities laws, Hawaii court properly applied California law on attorney's fees. 557 F.2d 1351.

Error to find section inapplicable solely because tort claims included in complaint. 673 F.2d 284.

Presumption that complaint sounds in assumpsit and not in tort. 673 F.2d 284.

District court appropriately determined that plaintiffs' action, where complaint alleged negligence, breach of contract, breach of express and implied warranty, and legal malpractice, and prayer for relief requested attorney fees and costs, was "in the nature of assumpsit" for purposes of this section. 105 F.3d 530.

District court correctly deemed individual plaintiffs to be "losing parties" within meaning of this section. 229 F.3d 877.

This section applicable where plaintiff sued on insurance policy under clause of policy permitting suit by one recovering judgment against insured. 255 F. Supp. 710.

Necessity for final determination of cause. 12 H. 348 (summons or service quashed); 19 H. 258 (dismissal for failure to give security for costs); 21 H. 408 (nonsuit for failure of proof); 39 H. 254 (judgment sustaining demurrer); cf. 16 H. 783 (judgment for defendant on special demurrer).

After appeal from district court computed on circuit court judgment. 14 H. 495. Effect of partial reduction of judgment on appeal. 16 H. 635.

Where plaintiff is attorney. 16 H. 803. Whether classed as "costs". 21 H. 368; cf. 16 H. 635. Payable as part of judgment. 24 H. 16.

"Assumpsit" defined. 21 H. 583; 29 H. 376, 386; 40 H. 92. Recovery upon rescission of contract is in assumpsit. 225 F. Supp. 474; 5 H. App. 174, 683 P.2d 883. Not allowed against government. 20 H. 112. Where the government is sued or brings suit, the plaintiff recovering should not have judgment for attorney's fees, nor should plaintiff, on losing, be taxed with attorney's fees. 7 H. 715.

Where an appeal judgment for appellee is vacated and case remanded for new trial, appellee not entitled to attorney's fees. 62 H. 34, 609 P.2d 137.

Claim was in the nature of assumpsit. 67 H. 433, 690 P.2d 279.

Where there is a specific contractual provision for attorney's fees, §607-17 should be applied. 72 H. 4, 803 P.2d 199.

Section inapplicable where claim sounds in tort rather than assumpsit. 74 H. 1, 837 P.2d 1273.

Appellants entitled to award of reasonable attorneys' fees incurred in bringing appeal on the action for breach of the covenant against encumbrances. 76 H. 396, 879 P.2d 501.

Supreme court has jurisdiction to award reasonable attorneys' fees incurred on appeal, and supreme court may do so if requirements of HRAP rule 39(d) and this section are met; decisions about fees incurred at trial level more properly within trial court's discretion. 76 H. 396, 879 P.2d 501.

Where plaintiff's claim for specific enforcement of agreement was not action in assumpsit, trial court's denial of plaintiff's request for attorney's fees against defendant proper. 85 H. 19, 936 P.2d 655.

Under this section, an action in the nature of assumpsit does not need a clause in writing providing for attorneys' fees in order for attorneys' fees to be granted. 86 H. 21, 946 P.2d 1317.

Under this section, attorneys' fees may be awarded in three types of cases: all actions in the nature of assumpsit; all actions on a promissory note; and contracts in writing that provide for an attorney's fee. 86 H. 21, 946 P.2d 1317.

Further waiver of sovereign immunity not necessary for this section to apply to the State and its agencies in matters in which, by virtue of the express waiver of sovereign immunity set forth in §661-1, the State has become a party. 87 H. 37, 951 P.2d 487.

Where Oregon law firm did not "practice law within the jurisdiction" of Hawaii, it did not violate §605-14 nor §605-17; thus plaintiff could recover fees under this section for services rendered by firm. 87 H. 37, 951 P.2d 487.

Where plaintiffs prevailed "on the disputed main issue", they were entitled to recoup all of their litigation expenses pursuant to this section. 87 H. 37, 951 P.2d 487.

As this section does not expressly or obviously manifest an intent to be applied retroactively, the 1993 amendment does not apply retroactively to litigation terminated prior to the effective date of the amendment, July 1, 1993. 88 H. 46, 961 P.2d 611. Proper cap on the maximum amount of attorneys' fees that can be awarded as a result of circuit court action where final judgment was entered in 1992 is that found in the statute in effect in 1992; this statutory cap is the maximum total amount that can be awarded, not an amount that can be awarded to each prevailing party. 88 H. 46, 961 P.2d 611.

Where the maximum possible judgment is capable of determination, it should serve as a limit on the amount of the defendant's attorney's fees pursuant to this section. 88 H. 115, 962 P.2d 374.

Where reduction of the attorneys' fees requested was supported by the record, trial court's reduction of fees without explanation was not abuse of discretion. 90 H. 25, 975 P.2d 1145.

Section did not apply to plaintiff's suit for specific performance, but applied to defendant's counterclaim in the nature of assumpsit. 2 H. App. 400, 633 P.2d 556.

Under circumstances, attorney's fees should have been awarded in accordance with this section rather than §607-17. 2 H. App. 551, 634 P.2d 1052.

Action in the nature of reformation does not fall within scope of this section. 3 H. App. 101, 641 P.2d 1361.

Where contract fully performed, action on contract for sum certain is "in the nature of assumpsit". 3 H. App. 624, 656 P.2d 1353.

When calculating "amount sued for", life expectancy tables and present value of future benefits may be used. 4 H. App. 455, 667 P.2d 844.

Error to award fees based on punitive damages counterclaim. 5 H. App. 174, 683 P.2d 833.

Action to collect on judgment rendered in proceeding to confirm arbitrator's award not an assumpsit action. 5 H. App. 315, 690 P.2d 1310.

Under circumstances, attorney's fees should have been awarded in accordance with this section rather than §607-17. 5 H. App. 581, 704 P.2d 930.

Computation of fees on complaint and counterclaim; exclusion where fees based on duplicative claim. 5 H. App. 603, 705 P.2d 67.

Award of attorneys' fees for defendant erroneous where plaintiff's claims against defendant stemmed primarily from allegations of fraud, breach of fiduciary duty, and statutory violations, not breach of contract. 92 H. 243, 990 P.2d 713.

Where defendant prevailed on its claim to the contract deposit and successfully defended against plaintiff's specific performance/breach claim, defendant, "on balance", was the prevailing party on the issues in the case and was thus entitled to reasonable attorneys' fees under this section. 92 H. 482, 993 P.2d 516.

Plaintiff not entitled to attorneys' fees pursuant to this section for plaintiff's appeal as an appeal is not a distinct "action" but a continuation of the original action and plaintiff's underlying action in the trial court sounded in tort and not assumpsit. 93 H. 1, 994 P.2d 1047.

A defendant who succeeds in obtaining a judgment of dismissal is a prevailing party for the purposes of fees under this section. 96 H. 327, 31 P.3d 184.

In appropriate cases, a request or award of attorneys' fees may include compensation for separately billed legal services performed by a paralegal, legal assistant, or law clerk; the reasonableness of legal assistant fees must be reviewed on a case by case basis for the value of services rendered and an award of such fees must be limited to charges for work performed that would otherwise have been required to be performed by a licensed attorney at a higher rate. 96 H. 327, 31 P.3d 184.

As proceedings under §431:15-323 are not in the nature of assumpsit, trial court did not err in denying insurance commissioner attorneys' fees under this section in suit against customer of liquidated mutual benefit society. 99 H. 53, 52 P.3d 823.

In making attorney's fee awards under §666-14 and this section, the trial court must designate the specific amount awarded pursuant to each statute to prevent duplicative awards and permit effective appellate review of awards. 85 H. 501 (App.), 946 P.2d 609.

Landlord entitled to include partial rental payments received from tenant after landlord initiated suit as part of judgment for purpose of computing attorney's fees under this section. 85 H. 501 (App.), 946 P.2d 609.

Pursuant to this section, attorney's fees may be awarded under a sublease as a sublease is contractual in nature and this section authorizes such an award in all actions on "contract[s] in writing that provides for an attorney's fee". 85 H. 501 (App.), 946 P.2d 609.

The amount of the judgment upon which attorneys' fees are calculated under this section should include prejudgment interest. 85 H. 501 (App.), 946 P.2d 609.

Under §666-14, a landlord may, incident to a summary possession action, seek attorney's fees attributable to the summary possession action which are in addition to, but not duplicative of, any fees awarded under this section. 85 H. 501 (App.), 946 P.2d 609.

Section places a twenty-five per cent maximum total combined limit that can be taxed against a losing party by both the trial and appellate courts. 87 H. 350 (App.), 956 P.2d 1282.

Where counterclaim clearly sued for the amount of additional storage fees to be incurred for detained vehicle, twenty-five per cent of this amount was properly included in the amount prevailing counterclaim defendant was entitled to in attorneys' fees under this section. 97 H. 47 (App.), 33 P.3d 543.

Referred to: 49 H. 578, 586, 587, 615, 426 P.2d 298.

Cited: 2 U.S.D.C. Haw. 210, 213; 5 H. 283, 284; 35 H. 907, 910; 37 H. 294, 304; 48 H. 306, 328, 402 P.2d 440; 49 H. 241, 243, 413 P.2d 242.

Discussed: 9 H. App. 591, 855 P.2d 858.

Mentioned: 76 H. 487, 879 P.2d 1070.