Idaho Code § 12-120

Allegations in the complaint that the parties entered into a commercial transaction and that recovery is based on it are sufficient to trigger an award of attorney fees under § 12-120(3).

Garner v. Povey · filed 2011-08-04(3)

However, allegations in the complaint that the parties entered into a commercial transaction and that the complaining party is entitled to recover based upon that transaction, are sufficient to trigger the application of I.C. § 12-120(3).

Section 12-120(3) entitles the prevailing party in a civil action to recover on a commercial transaction to a reasonable attorney fee.

Schroeder v. Partin · filed 2011-08-04(3)

The prevailing party in a civil action to recover on a commercial transaction “shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as costs.” I.C. § 12-120(3). Both parties acknowledge that this action flows from a commercial transaction. Schroeder is the prevailing party on appeal and therefore entitled to attorney fees pursuant to I.C. § 12-120(3). Partin did not prevail in this appeal and is therefore not entitled to an award of attorney fees.

Section 12-120(3) does not authorize attorney fees when the underlying commercial transaction is illegal.

Taylor v. AIA Services Corp. · filed 2011-09-07(3)

Reed Taylor filed this lawsuit to enforce the terms of a commercial transaction (the Stock Redemption Agreement); however, we have held that attorney fees under I.C. § 12-120(3) are not appropriate where the commercial transaction is illegal.

Section 12-120(3) authorizes a reasonable attorney fee for a prevailing party seeking recovery in a commercial transaction.

Wakelam v. Hagood · filed 2011-10-28(3)

Wakelam and Ressler seek attorney fees on appeal under Idaho Code § 12-120(3) on the ground that this case involves a commercial transaction. That code section provides for a reasonable attorney fee where a prevailing party has sought to recover in a commercial transaction. ... Their argument for fees is well taken and, therefore, we award them their attorney fees on appeal under Idaho Code § 12-120(3).

Section 12-120(3) does not authorize attorney fees when there is no commercial transaction between the parties.

Hopkins Northwest Fund, LLC v. Landscapes Unlimited, LLC · filed 2011-11-01(3)

Attorney fees for LU under section 120(3) are inappropriate in this case because there was no commercial transaction between Hopkins and LU.

Section 12-120(3) does not permit attorney fees to a party when the commercial transaction underlying the lawsuit is illegal.

Harris, Inc. v. Foxhollow Construction & Trucking, Inc. · filed 2011-11-02(3)

When the transaction at issue in a lawsuit is an illegal commercial transaction, however, no party to the transaction is entitled to fees under I.C. § 12-120(3).

Section 12-120(3) permits prevailing-party attorney fees in civil actions on commercial transactions, but fees are unavailable when the transaction is illegal.

Pines Grazing Ass'n v. Flying Joseph Ranch, LLC · filed 2011-11-23(3)

Because we hold that the oral agreement not to bid is illegal and unenforceable, neither party is entitled to attorney fees with respect to the issues related to the oral agreement not to bid. See Trees, 138 Idaho at 12–13, 56 P.3d at 774–75 (attorney fees under I.C. § 12-120(3) are not appropriate when the commercial transaction is found to be illegal).

Section 12-120(3) allows attorney fees for defending an employment-contract claim because the alleged employment contract is a commercial transaction, but only against parties with whom the plaintiff alleged such a transaction.

Sadid v. Idaho State University · filed 2011-11-30(3)

As we held in Willie, where Plaintiff alleged a cause of action for breach of his employment contract, he alleged a commercial transaction with the University. Therefore, the University is entitled to an award of attorney fees under Idaho Code section 12-120(3) for defending against the breach of employment contract claim.

Section 12-120(3) permits attorney’s fees when the claim arises from a commercial transaction, even without a contract between the parties.

Farrell v. Whiteman · filed 2012-01-10(3)

The Court finds that Farrell is the prevailing party and is entitled to attorney’s fees under I.C. § 12-120(3) because this was clearly a commercial transaction and a contract is not necessary to support such a finding. Idaho Code section 12-120(3) defines commercial transactions as “all transactions except transactions for personal or household purposes.” I.C. § 12-120(3); Blimka v. My Web Wholesaler, LLC, 143 Idaho 723, 728, 152 P.3d 594, 599 (2007). Moreover, the statute is not limited to contract actions. It “does not require that there be a contract between the parties before the statute is applied; the statute only requires that there be a commercial transaction.” City of McCall v. Buxton, 146 Idaho 656, 665, 201 P.3d 629, 638 (2009) (quoting Great Plains Equip., Inc. v. Northwest Pipeline Corp., 136 Idaho 466, 472, 36 P.3d 218, 224 (2001)). Therefore, Farrell’s architectural services, which constitute the basis of his claim, represent a commercial transaction.

Section 12-120(3) provides reasonable attorney fees to a prevailing party seeking recovery in a commercial transaction.

WATKINS CO., LLC v. Storms · filed 2012-03-02(3)

This code section provides for reasonable attorney fees where a prevailing party has sought to recover in a commercial transaction.

Section 12-120(3) requires a reasonable attorney’s fee for the prevailing party in a civil action to recover on a commercial transaction, including an action for breach of an employment contract.

Oakes v. Boise Heart Clinic Physicians, PLLC · filed 2012-03-02(3)

Actions brought for breach of an employment contract are considered commercial transactions, subject to the attorney fee provision of I.C. § 12–120(3).

Section 12-120(3) allows attorney fees when a commercial transaction is integral to the claim and is the basis for the party's recovery.

Bridge Tower Dental, P.A. v. Meridian Computer Center, Inc. · filed 2012-03-05(3)

An award of attorney’s fees under Idaho Code section 12-120(3) is proper if “the commercial transaction is integral to the claim, and constitutes the basis upon which the party is attempting to recover.”

In a commercial transaction, the prevailing party is entitled to a reasonable attorney’s fee unless otherwise provided by law, and personal or household transactions are excluded.

Peterson v. PRIVATE WILDERNESS, LLC · filed 2012-03-23(3)

Under I.C. § 12-120(3), “in any commercial transaction unless otherwise provided by law, the prevailing party shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as costs.” A “commercial transaction” encompasses “all transactions except transactions for personal or household purposes.” I.C. § 12-120(3).

Section 12-120(3) gives the prevailing party attorney fees in an action to recover in a commercial transaction, defined as any transaction other than one for personal or household purposes.

O'Shea v. High Mark Development, LLC · filed 2012-04-26(3)

The Defendants also seek an award of attorney fees on appeal pursuant to the contract and to Idaho Code section 12-120(3). We need only address the statutory basis for an award of attorney fees. It grants the prevailing party the right to recover attorney fees in any action to recover in a commercial transaction. It defines a commercial transaction as “all transactions except transactions for personal or household purposes.” I.C. § 12-120(3). The district court awarded High Mark attorney fees under this statute on the ground that the real estate contract was a commercial transaction, and the Plaintiffs have not challenged that determination on appeal. In their amended complaint, the Plaintiffs alleged that all of the Defendants participated in the transaction and were liable for fraud. On appeal, they ask us to set aside the verdicts in favor of the Defendants who participated in the trial and to direct the district court to enter judgments against them on liability. The prevailing party is entitled to an award of attorney fees under this statute “where the action is one to recover in a commercial transaction, regardless of the proof that the commercial transaction alleged did, in fact, occur.” Garner v. Povey, 151 Idaho 462, 469, 259 P.3d 608, 615 (2011) (Citations omitted). Therefore, the Defendants are entitled to an award of attorney fees on appeal pursuant to Idaho Code section 12-120(3).

Section 12-120(3) treats a transaction as commercial only when it is not for personal or household purposes, so hiring an attorney to negotiate the end of a marriage is not a commercial transaction for purposes of attorney fees.

McCormick International USA, Inc. v. Shore · filed 2012-04-26(3)

A commercial transaction is any transaction that is not for personal or household purposes. I.C. § 12-120(3). ... It is difficult to fathom a more intensely personal transaction than hiring an attorney to negotiate the end of a marriage. This was not a commercial transaction.

Section 12-120(3) requires attorney’s fees for the prevailing party in a civil action whose gravamen is a commercial transaction; the transaction must be integral to the claim and the basis for recovery.

Johannsen v. Utterbeck · filed 2008-10-16(3)

In civil actions for commercial transactions attorney’s fees are to be awarded to the prevailing party. I.C. § 12-120(3). The critical test in determining whether a civil action is for a commercial transaction is whether the commercial transaction comprises the gravamen of the lawsuit; it must be integral to the claim and constitute the basis upon which the party is attempting to recover. ... Similarly, the gravamen of this case is a commercial transaction where the Operating Agreement was entered into by the parties for the purpose of developing real property into a subdivision. Thus, I.C. § 12-120(3) is applicable.

Section 12-120(3) permits a prevailing party to recover a reasonable attorney fee in a civil action involving a commercial transaction, including a declaratory judgment action whose gravamen is commercial.

University of Idaho Foundation, Inc. v. Civic Partners, Inc. · filed 2008-12-10(3)

The district court awarded the CCDC attorney fees pursuant to Idaho Code § 12-120(3), which grants the prevailing party the right to an award of a reasonable attorney’s fee in “any civil action to recover ... in any commercial transaction.” The statute applies to declaratory judgment actions if the gravamen of the action is a commercial transaction. ... The district court did not err in concluding that the CCDC was entitled to an award of attorney fees under Idaho Code § 12-120(3).

Section 12-120(3) permits attorney fees to the prevailing party in a civil action involving a commercial transaction.

Vreeken v. Lockwood Engineering, B.V. · filed 2009-10-19(3)

Idaho Code § 12-120(3) allows for an award of attorney fees to the prevailing party “[i]n any civil action to recover on an open account, account stated, note, bill, negotiable instrument, guaranty, ... and in any commercial transaction.”

Section 12-120(3) attorney-fee awards are reviewed for abuse of discretion.

Thomas v. Thomas · filed 2011-03-18(3)

“An award of attorney fees under I.C. § 12-120(3) is reviewed for an abuse of discretion.”

Section 12-120(3) does not authorize prevailing-party attorney fees when the action is based on a criminal judgment rather than a commercial transaction, even if the judgment is pursued as a civil action.

COLLECTION BUREAU, INC. v. Dorsey · filed 2011-03-21(3)

Although I.C. § 19-2518 authorizes Collection Bureau to pursue the money judgment against Dorsey as though it were in a civil action, the basis for this action is a criminal judgment that resulted from a criminal proceeding, not a commercial transaction. Thus, I.C. § 12-120(3) is inapplicable.

Section 12-120(3) authorizes attorney fees to the prevailing party in an action arising out of a commercial transaction.

Knipe Land Co. v. Robertson · filed 2011-05-26(3)

As both parties agree that this action arises out of a commercial transaction, we find that Appellants are entitled to attorney fees in accordance with I.C. § 12-120(3).

Section 12-120(3) does not authorize attorney fees when there was no commercial transaction between the prevailing party and the party from whom fees are sought.

Soignier v. Fletcher · filed 2011-06-02(3)

The district court was incorrect to hold that Fletcher could collect attorney fees against Soignier because there was no commercial transaction between them. The fact that Fletcher owed a narrow duty of care to Soignier as a testamentary beneficiary did not create a commercial transaction between them. ... The district court’s decision to award attorney fees to Fletcher under I.C. § 12-120(3) is vacated.

Section 12-120(3) requires a commercial transaction between the claimant and one or both opposing parties before appellate attorney fees may be awarded.

Jacklin Land Co. v. Blue Dog RV, Inc. · filed 2011-06-29(3)

Jacklin seeks an award of attorney fees on appeal, contending that its claims arise out of a commercial transaction within the meaning of Idaho Code section 12-120(3). In order for that statute to apply, there must have been a commercial transaction between Jacklin and one or both of the Defendants. Great Plains Equip., Inc. v. Northwest Pipeline Corp., 136 Idaho 466, 472-73, 36 P.3d 218, 224-25 (2001). Blue Dog entered into a commercial transaction with KL Properties, and KL Properties entered into a commercial transaction with QCA, but there is nothing in the record indicating that either Defendant entered into a commercial transaction with Jacklin. That the property which KL Properties purchased and then leased to Blue Dog is subject to the provisions of the Agreement executed by Jacklin and QCA is not sufficient to constitute a commercial transaction between Jacklin and KL Properties or Blue Dog. Therefore, Jacklin is not entitled to an award of attorney fees on appeal.

Section 12-120(3) allows a prevailing party to recover attorney fees when the complaint alleges a commercial transaction as the basis for recovery, even if the transaction is not ultimately proved.

Garner v. Povey · filed 2011-08-04(3)

However, allegations in the complaint that the parties entered into a commercial transaction and that the complaining party is entitled to recover based upon that transaction, are sufficient to trigger the application of I.C. § 12-120(3).

Section 12-120(3) authorizes a reasonable attorney fee to a prevailing party that sought recovery in a commercial transaction.

Wakelam v. Hagood · filed 2011-10-28(3)

That code section provides for a reasonable attorney fee where a prevailing party has sought to recover in a commercial transaction. Although Wakelam and Ressler did not list the claim for attorney fees as a separate issue for consideration on appeal, as required by Idaho Appellate Rule 35(a)(4), they did submit argument and authorities in a separate section devoted to that topic. Under such circumstances, we have relaxed the application of Rule 35(a)(4). Everhart v. Washington County Road and Bridge Dept., 130 Idaho 273, 274, 939 P.2d 849, 850 (1997). Their argument for fees is well taken and, therefore, we award them their attorney fees on appeal under Idaho Code § 12-120(3).

Section 12-120(3) does not authorize attorney fees when the parties did not have a commercial transaction directly with each other.

Hopkins Northwest Fund, LLC v. Landscapes Unlimited, LLC · filed 2011-11-01(3)

Attorney fees for LU under section 120(3) are inappropriate in this case because there was no commercial transaction between Hopkins and LU.

Under the commercial-transaction prong, a party to an illegal commercial transaction cannot recover attorney fees.

Harris, Inc. v. Foxhollow Construction & Trucking, Inc. · filed 2011-11-02(3)

When the transaction at issue in a lawsuit is an illegal commercial transaction, however, no party to the transaction is entitled to fees under I.C. § 12-120(3).

Section 12-120(3) treats a claim for breach of an employment contract as a commercial transaction and permits attorney fees for defending that claim.

Sadid v. Idaho State University · filed 2011-11-30(3)

As we held in Willie, where Plaintiff alleged a cause of action for breach of his employment contract, he alleged a commercial transaction with the University. Therefore, the University is entitled to an award of attorney fees under Idaho Code section 12-120(3) for defending against the breach of employment contract claim.

Section 12-120(3) permits attorney fees for a prevailing party in a commercial transaction, and the transaction need not be supported by a contract.

Farrell v. Whiteman · filed 2012-01-10(3)

The Court finds that Farrell is the prevailing party and is entitled to attorney’s fees under I.C. § 12-120(3) because this was clearly a commercial transaction and a contract is not necessary to support such a finding. Idaho Code section 12-120(3) defines commercial transactions as “all transactions except transactions for personal or household purposes.” I.C. § 12-120(3); Blimka v. My Web Wholesaler, LLC, 143 Idaho 723, 728, 152 P.3d 594, 599 (2007). Moreover, the statute is not limited to contract actions. It “does not require that there be a contract between the parties before the statute is applied; the statute only requires that there be a commercial transaction.” City of McCall v. Buxton, 146 Idaho 656, 665, 201 P.3d 629, 638 (2009) (quoting Great Plains Equip., Inc. v. Northwest Pipeline Corp., 136 Idaho 466, 472, 36 P.3d 218, 224 (2001)). Therefore, Farrell’s architectural services, which constitute the basis of his claim, represent a commercial transaction.

Section 12-120(3) provides reasonable attorney fees when a prevailing party seeks recovery in a commercial transaction.

WATKINS CO., LLC v. Storms · filed 2012-03-02(3)

Each party argues on appeal that they are entitled to attorney fees pursuant to I.C. § 12-120(3). This code section provides for reasonable attorney fees where a prevailing party has sought to recover in a commercial transaction. Wakelam v. Hagood, 151 Idaho 688, __, 263 P.3d 742, 749 (2011). As both parties prevailed in part, we find no prevailing party and do not award attorney fees on appeal. See Keller v. Inland Metals All Weather Conditioning, Inc., 139 Idaho 233, 241, 76 P.3d 977, 985 (2003); J.R. Simplot Co. v. Rycair, Inc., 138 Idaho 557, 565-66, 67 P.3d 36, 44-45 (2003).

Section 12-120(3) treats an action for breach of an employment contract as a commercial transaction subject to its attorney-fee provision.

Oakes v. Boise Heart Clinic Physicians, PLLC · filed 2012-03-02(3)

Actions brought for breach of an employment contract are considered commercial transactions, subject to the attorney fee provision of I.C. § 12–120(3).

Section 12-120(3) permits attorney’s fees when a commercial transaction is integral to and forms the basis of the claim, including claims involving tortious conduct, and it does not require a contract.

Bridge Tower Dental, P.A. v. Meridian Computer Center, Inc. · filed 2012-03-05(3)

An award of attorney’s fees under Idaho Code section 12-120(3) is proper if “the commercial transaction is integral to the claim, and constitutes the basis upon which the party is attempting to recover.”

In a commercial transaction, the prevailing party is entitled to a reasonable attorney’s fee unless otherwise provided by law, and a commercial transaction excludes transactions for personal or household purposes.

Peterson v. PRIVATE WILDERNESS, LLC · filed 2012-03-23(3)

Under I.C. § 12-120(3), “in any commercial transaction unless otherwise provided by law, the prevailing party shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as costs.” A “commercial transaction” encompasses “all transactions except transactions for personal or household purposes.” I.C. § 12-120(3). The parties do not dispute that the Mortgage Case involves a commercial transaction. Therefore, since we find that the district court did not abuse its discretion in granting the motion for voluntary dismissal, Fern is the prevailing party on appeal and is awarded fees.

Section 12-120(3) permits the prevailing party to recover attorney fees in an action to recover in a commercial transaction and defines that term broadly to exclude only personal or household transactions.

O'Shea v. High Mark Development, LLC · filed 2012-04-26(3)

It grants the prevailing party the right to recover attorney fees in any action to recover in a commercial transaction. It defines a commercial transaction as “all transactions except transactions for personal or household purposes.” I.C. § 12-120(3).

Under § 12-120(3), attorney fees may be awarded in a legal-malpractice action only if a commercial transaction occurred between the prevailing party and the party from whom fees are sought.

Soignier v. Fletcher · filed 2011-06-30(3)

The district court was incorrect to hold that Fletcher could collect attorney fees against Soignier because there was no commercial transaction between them.

Section 12-120(3) does not authorize attorney fees for a proceeding that seeks recognition of a foreign judgment rather than recovery on the underlying commercial transaction.

Markin v. Grohmann · filed 2012-06-29(3)

With respect to section 12-120(3), he contends that this is an action to recover in a commercial transaction. This was a proceeding seeking to grant recognition of the German judgment. In order for the statute to apply, the judgment would have to constitute a commercial transaction between the parties. Great Plains Equip., Inc. v. Northwest Pipeline Corp., 136 Idaho 466, 472-73, 36 P.3d 218, 224-25 (2001). Defendant argues that because the cause of action upon which the judgment was based was a commercial transaction, this action seeking recognition of that judgment must also be a commercial transaction. It is not. The proceeding is to recover on the judgment itself, not upon the settlement agreement.

Section 12-120(3) permits attorney fees only when a commercial transaction between the litigating parties forms the basis of the claim; a transaction between other parties does not qualify.

Printcraft Press, Inc. v. Sunnyside Park Utilities, Inc. · filed 2012-07-02(3)

This Court has held that only the parties to the commercial transaction are entitled to attorney fees under I.C. § 12-120(3).

Section 12-120(3) permits attorney fees when a commercial transaction is integral to the claim and forms the basis of the prevailing party's recovery.

Clayson v. Zebe · filed 2012-07-02(3)

In this case, Clayson brought his action to recover on a contract under which Zebe promised to reimburse him for refurbishment work on a cheese factory. While the district court determined that there was no express contract, it eventually found for Clayson under the doctrine of implied-in-fact contract, based upon the same circumstances. Thus, a commercial transaction is both integral to the claim and is the basis of Clayson’s recovery, and Clayson is entitled to attorney fees under I.C. § 12-120(3).

Section 12-120(3) permits a prevailing party to recover attorney fees in a civil action involving a commercial transaction when that transaction is integral to and forms the basis of the claim.

Buku Properties v. Clark · filed 2012-12-21(3)

Idaho Code § 12-120(3) allows for an award of attorney fees to a prevailing party in a civil action to recover on any commercial transaction. Garner, 151 Idaho at 469, 259 P.3d at 615. “A commercial transaction includes all transactions except those for personal or household purposes.” Id. For a commercial transaction to be present for the purposes for I.C. § 12-120(3) “each party to the transaction must enter the transaction for a commercial purpose.” Carrillo v. Boise Tire Co., Inc., 152 Idaho 741, 756, 274 P.3d 1256, 1271 (2012). ... This Court has employed a two-step analysis to determine whether fees under I.C. § 12-120(3) are warranted. Garner, 151 Idaho at 469, 259 P.3d at 615. “[First], there must be a commercial transaction that is integral to the claim; and [second], the commercial transaction must be the basis upon which recovery is sought.” Id. Thus, the commercial transaction must constitute the gravamen of the lawsuit and form the basis upon which the complaining party seeks recovery. Id. ... Here, under this Court’s two-part framework for granting fees under I.C. § 12-120(3), the district court’s award of attorney fees was proper. ... Furthermore, the commercial transaction between Buku and Appellants was integral to Buku’s claim because it was the sole basis upon which recovery was sought by Buku in its Complaint. ... Thus, the transactions at issue in this case were commercial transactions and they satisfied this Court’s two-part test to invoke I.C. § 12-120(3), making the district court’s award of attorney fees proper.

Section 12-120(3) permits attorney fees in a legal malpractice action only when the attorney-client relationship involves a commercial transaction, requiring both parties to have entered the transaction for a commercial purpose.

Sykes v. Schepp · filed 2012-12-24(3)

Attorney fees may be awarded in the context of a legal malpractice action under I.C. § 12-120(3) to the extent the attorney-client relationship involves a commercial transaction. ... However, not every attorney-client relationship involves a commercial transaction. Under I.C. § 12-120(3), a commercial transaction exists only if each party to the transaction enters into the transaction for a commercial purpose. ... In this context, Sykes transacted with respondents for a personal, not commercial, purpose. The transaction, therefore, lacked the symmetry of commercial purpose necessary to trigger I.C. § 12-120(3). ... Respondents are not entitled to attorney fees under I.C. § 12-120(3).

Section 12-120(3) permits the prevailing party to recover attorney fees when a commercial transaction is integral to the claim, including tort claims fundamentally related to that transaction.

Reynolds v. Trout, Jones, Gledhill, Fuhrman, P.A. · filed 2013-01-23(3)

A commercial transaction includes “all transactions except transactions for personal or household purposes.” I.C. § 12-120(3). Further, Idaho Code § 12-120(3) applies where “a ‘commercial transaction is integral to the claim, and constitutes the basis upon which the party is attempting to recover,” and “[t]hus, as long as a commercial transaction is at the center of the lawsuit, the prevailing party may be entitled to attorney fees for claims that are fundamentally related to the commercial transaction yet sound in tort.” Carrillo v. Boise Tire Co., Inc., 152 Idaho 741, 755-56, 274 P.3d 1256, 1270-71 (2012) (quoting Blimka v. My Web Wholesaler, LLC, 143 Idaho 723, 728, 152 P.3d 594, 599 (2007)).

Section 12-120(3) does not authorize attorney fees when the parties lack a direct commercial relationship.

Employers Mutual Casualty Co. v. Donnelly · filed 2013-04-19(3)

It is clear from the facts that there is no direct commercial relationship between EMC and the Donnellys. Therefore, we hold that the Donnellys are not entitled to attorney fees under I.C. § 12-120(3).

Section 12-120(3) requires attorney fees for the prevailing party in an action to recover in a commercial transaction and defines a commercial transaction as all transactions except those for personal or household purposes.

Vanderwal v. Albar, Inc. · filed 2013-06-20(3)

JLZ Enterprises requests an award of attorney fees on appeal pursuant to the real estate contract and to Idaho Code section 12-120(3), which provides that attorney fees shall be awarded to the prevailing party in an action to recover in a commercial transaction. A commercial transaction is defined as “all transactions except transactions for personal or household purposes.” I.C. § 12-120(3). Because this was an action to recover in a commercial transaction, we award JLZ Enterprises reasonable attorney fees on appeal.

Section 12-120(3) requires attorney fees for the prevailing party in a commercial transaction when that transaction is integral to the claim and forms the basis for recovery.

AED, Inc. v. KDC Investments, LLC · filed 2013-08-15(3)

The court must always award attorney fees to the prevailing party in commercial transactions. The term “commercial transaction” is defined to mean all transactions except transactions for personal or household purposes. Fees are required if the commercial transaction is integral to the claim, and constitutes the basis upon which the party is attempting to recover.

Section 12-120(3) awards the prevailing party attorney fees in an action to recover in a commercial transaction, and a silica-sand purchase is commercial rather than personal or household.

Silicon International Ore, LLC v. Monsanto Co. · filed 2013-11-27(3)

That section grants the prevailing party the right to recover attorney fees in any action to recover in a commercial transaction. A commercial transaction is defined as “all transactions except transactions for personal or household purposes.” I.C. § 12-120(3). Here, SIO sought to recover on a transaction for the purchase of silica sand, which was not a transaction for a household purpose. Therefore, Monsanto and WGI, as the prevailing parties, are each entitled to attorney fees on appeal.

Section 12-120(3) permits the prevailing party to recover attorney fees in a civil action to recover on a commercial transaction, even when the commercial claim fails.

American West Enterprises, Inc. v. CNH, LLC · filed 2013-12-20(3)

Idaho Code Section 12-120(3) provides for attorney fees to the prevailing party in a civil action to recover on “any commercial transaction.” Commercial transactions are all transactions except for personal or household purposes.

Section 12-120(3) does not authorize attorney fees when the parties had no commercial transaction between them.

Farmers National Bank v. Green River Dairy, LLC · filed 2014-01-24(3)

Attorney fees pursuant I.C. § 12-120(3) are not awardable in this case because there was no commercial transaction between the parties.

Section 12-120(3) does not allow attorney fees when the parties' dispute does not arise from a commercial transaction.

Farmers Nat'l Bank v. Green River Dairy · filed 2014-01-24(3)

Attorney fees pursuant I.C. § 12-120(3) are not awardable in this case because there was no commercial transaction between the parties.

Section 12-120(3) requires an award of attorney fees to the prevailing party in an action to recover on a commercial transaction.

Edged in Stone, Inc. v. Northwest Power Systems, LLC · filed 2014-03-19(3)

EIS and NWPS both request attorney’s fees pursuant to I.C. § 12-120(3). That section “compels an award of attorney fees to the prevailing party in an action to recover on a commercial transaction.” Troupis v. Summer, 148 Idaho 77, 81, 218 P.3d 1138, 1142 (2009). Both parties agree that the gravamen of the lawsuit was a commercial transaction. As the prevailing party, NWPS is awarded attorney’s fees.

Section 12-120(3) permits the prevailing party to recover attorney fees in an action involving a commercial transaction even when the claimant's underlying claims fail.

De Groot v. Standley Trenching, Inc. · filed 2014-03-28(3)

This Court has made clear that the failure of a party’s claims based on a commercial transaction does not absolve a party of the attorney fees and costs that would be awarded under I.C. § 12-120(3).

Section 12-120(3) allows a prevailing party to recover reasonable attorney fees in a commercial-transaction action, including an action against a political subdivision.

Sanders v. Board of Trustees of the Mountain Home School District No. 193 · filed 2014-04-07(3)

Hence, as we stated in Syringa, I.C. § 12-117 is not exclusive and a party can be awarded attorney fees under I.C. § 12-120(3).

Section 12-120(3) requires reasonable attorneys’ fees for the prevailing party in a civil action to recover on a commercial transaction.

Energy Consulting & Management Solutions, LLC v. Western States Equipment Co. · filed 2014-05-21(3)

Section 12-120(3) requires an award of reasonable attorneys’ fees to the prevailing party in “any civil action to recover on ... any commercial transaction^]” The Idaho courts recognize that the existence of a commercial transaction is a question of law.

Section 12-120(3) requires a reasonable attorney fee award to the prevailing party in a civil action involving a commercial transaction, including on appeal.

Evans v. Burnham · filed 2014-06-09(3)

“The mandatory attorney fee provisions of I.C. § 12-120 govern on appeal as well as in the trial court.” ... Evans does not dispute that this case arose out of a commercial transaction. ... However, Burnham specifically cited I.C. § 12-120(3) and indicated he is entitled to attorney fees because this was a commercial transaction. ... Because Burnham is the prevailing party, we award him attorney fees.

Section 12-120(3) awards attorney fees to the prevailing party in a civil action to recover on a commercial transaction, defined as transactions other than personal or household transactions.

Wandering Trails, LLC v. Big Bite Excavation, Inc. · filed 2014-06-18(3)

Idaho Code Section 12-120(3) provides for attorney fees to the prevailing party in a civil action to recover on “any commercial transaction.” Commercial transactions are all transactions except for personal or household purposes. I.C. § 12-120(3). There is no dispute that this appeal and cross-appeal involve a commercial transaction. The Defendants prevailed on both the appeal and cross-appeal. Defendants are therefore entitled to attorney fees and costs.

Section 12-120(3) provides attorney fees to the prevailing party in a civil action to recover on a commercial transaction.

Profits Plus Capital Mgmt. v. Jeffrey Podesta and Street Search · filed 2014-07-08(3)

Idaho Code Section 12-120(3) provides for attorney fees to the prevailing party in a civil action to recover on “any commercial transaction.” ... Coleman has prevailed on every claim raised by Street Search; therefore, he is prevailing party on appeal and entitled to attorney fees pursuant to I.C. § 12-120(3).

Section 12-120(3) awards attorney fees to the prevailing party in a civil action to recover on a commercial transaction, even when no contract liability is established if a qualifying contractual relationship was alleged.

Profits Plus Capital Management, LLC v. Podesta · filed 2014-07-08(3)

Both parties seek an award of attorney fees under I.C. § 12-120(3). Idaho Code Section 12-120(3) provides for attorney fees to the prevailing party in a civil action to recover on “any commercial transaction.” Commercial transactions are all transactions except for personal or household purposes. I.C. § 12-120(3). Whether there is a commercial transaction is a question of law over which this Court exercises free review. Great Plains Equip. v. Nw. Pipeline Corp., 136 Idaho 466, 470, 36 P.3d 218, 222 (2001). “Where a party alleges the existence of a contractual relationship of a type embraced by section 12-120(3) ... that claim triggers the application of [I.C. § 12-120(3)] and a prevailing party may recover fees even though no liability under a contract was established.” Farmers Nat’l Bank v. Shirey, 126 Idaho 63, 73, 878 P.2d 762, 772 (1994). In this case neither party disputes the applicability of section 12-120(3). Rather, both parties simply ask that they be awarded attorney fees if they are the prevailing party. Coleman has prevailed on every claim raised by Street Search; therefore, he is prevailing party on appeal and entitled to attorney fees pursuant to I.C. § 12-120(3).

Under the commercial-transaction prong, attorney fees generally require a transaction between the litigating parties, but a losing party's allegation of a commercial transaction can trigger the statute.

DAFCO v. Stewart Title Guaranty Co · filed 2014-07-31(3)

Generally, attorney fees are not available to the prevailing party under the commercial transaction prong of Idaho Code § 12-120(3), unless the commercial transaction is between the parties to the litigation. ... However, even where no commercial transaction occurs between the parties, we have allowed attorney fees to a prevailing party where the losing party has alleged a commercial transaction between the parties.

Section 12-120(3) gives the prevailing party a reasonable attorney-fee award in a civil action to recover in a commercial transaction.

St. Als v. MRI Associates · filed 2014-08-04(3)

Idaho Code § 12-120(3) “grants the prevailing party the right to an award of a reasonable attorney’s fee in ‘any civil action to recover . . . in any commercial transaction.’ ” Apple’s Mobile Catering, LLC v. O’Dell, 149 Idaho 211, 216, 233 P.3d 142, 147 (2010). The MRI Entities prevailed on the appeal, but they did not prevail on their cross-appeal. Since they prevailed in part and Saint Alphonsus prevailed in part, they are not entitled to an award of attorney fees.

Section 12-120(3) allows attorney fees in tort cases only when a commercial transaction between the litigating parties forms the basis of the claim.

Printcraft Press, Inc. v. Sunnyside Park Utilities, Inc. · filed 2012-07-02(3)

This Court has held that only the parties to the commercial transaction are entitled to attorney fees under I.C. § 12-120(3). E.g. BECO Constr. Co. v. J-U-B Eng’rs, Inc., 145 Idaho 719, 726, 184 P.3d 844, 851 (2008); Soignier v. Fletcher, 151 Idaho 322, 327, 256 P.3d 730, 735 (2011); Harris, Inc. v. Foxhollow Constr. & Trucking, Inc., 151 Idaho 761, 778, 264 P.3d 400, 417 (2011). Thus, even though fees are available in cases involving a tort claim, a commercial transaction between the parties to the lawsuit must form the basis of the claim.

Section 12-120(3) allows the prevailing party reasonable attorney fees when a commercial transaction is integral to and forms the basis of a contract-recovery claim.

Clayson v. Zebe · filed 2012-07-02(3)

In this case, Clayson brought his action to recover on a contract under which Zebe promised to reimburse him for refurbishment work on a cheese factory. While the district court determined that there was no express contract, it eventually found for Clayson under the doctrine of implied-in-fact contract, based upon the same circumstances. Thus, a commercial transaction is both integral to the claim and is the basis of Clayson’s recovery, and Clayson is entitled to attorney fees under I.C. § 12-120(3).

Section 12-120(3) permits prevailing-party attorney fees in a civil action to recover on a commercial transaction when the transaction is integral to and forms the basis of the claim.

Buku Properties v. Clark · filed 2012-12-21(3)

Idaho Code § 12-120(3) allows for an award of attorney fees to a prevailing party in a civil action to recover on any commercial transaction. ... Thus, the commercial transaction must constitute the gravamen of the lawsuit and form the basis upon which the complaining party seeks recovery.

Section 12-120(3) permits attorney fees in a legal malpractice action only when the attorney-client relationship involves a commercial transaction, which requires a commercial purpose for each party.

Sykes v. Schepp · filed 2012-12-24(3)

Attorney fees may be awarded in the context of a legal malpractice action under I.C. § 12-120(3) to the extent the attorney-client relationship involves a commercial transaction. ... Under I.C. § 12-120(3), a commercial transaction exists only if each party to the transaction enters into the transaction for a commercial purpose. ... In this context, Sykes transacted with respondents for a personal, not commercial, purpose. The transaction, therefore, lacked the symmetry of commercial purpose necessary to trigger I.C. § 12-120(3). ... Respondents are not entitled to attorney fees under I.C. § 12-120(3).

Section 12-120(3) authorizes attorney fees and costs on appeal for the prevailing party in an action arising from a commercial transaction, including a malpractice claim fundamentally related to that transaction.

Reynolds v. Trout, Jones, Gledhill, Fuhrman, P.A. · filed 2013-01-23(3)

Consequently, as the prevailing party in an action arising from a commercial transaction, Trout Jones is entitled to attorney fees and costs on appeal.

Section 12-120(3) does not authorize attorney fees when the parties have no direct commercial relationship.

Employers Mutual Casualty Co. v. Donnelly · filed 2013-04-19(3)

It is clear from the facts that there is no direct commercial relationship between EMC and the Donnellys. Therefore, we hold that the Donnellys are not entitled to attorney fees under I.C. § 12-120(3).

Section 12-120(3) permits prevailing-party attorney fees in a commercial transaction only when each party entered the transaction for a commercial purpose; it does not apply to a personal transaction lacking that mutual commercial purpose.

Goodspeed v. Shippen · filed 2013-06-25(3)

For guidance on remand, we observe that I.C. § 12-120(3) does not apply to this action. That statute provides: “In any civil action . . . and in any commercial transaction unless otherwise provided by law, the prevailing party shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as costs.” This Court has held that a prevailing party is entitled to attorney fees under that statute “if a ‘commercial transaction is integral to the claim, and constitutes the basis upon which the party is attempting to recover.’” Carrillo v. Boise Tire Co., Inc., 152 Idaho 741, 755, 274 P.3d 1256, 1270 (2012) (quoting Blimka v. My Web Wholesaler, LLC, 143 Idaho 723, 728, 152 P.3d 594, 599 (2007)). A commercial transaction is any transaction other than transactions “for personal or household purposes.” I.C. § 12-120(3). Additionally, the Court has held that “in order for a transaction to be commercial, each party to the transaction must enter the transaction for a commercial purpose.” Carrillo, 152 Idaho at 756, 274 P.3d at 1271 (citations omitted). As this transaction lacks the required symmetry of commercial purpose, I.C. § 12-120(3) does not apply.

Section 12-120(3) requires attorney fees for the prevailing party in a commercial transaction when the transaction is integral to and forms the basis of the claim.

AED, Inc. v. KDC Investments, LLC · filed 2013-08-15(3)

The court must always award attorney fees to the prevailing party in commercial transactions. The term “commercial transaction” is defined to mean all transactions except transactions for personal or household purposes. Fees are required if the commercial transaction is integral to the claim, and constitutes the basis upon which the party is attempting to recover.

Section 12-120(3) applies when a complaint alleges a commercial contract or open account, even if the defendant proves that no contract existed, and permits the prevailing party to recover attorney fees.

Intermountain Real Properties, LLC v. Draw, LLC · filed 2013-10-16(3)

Thus, I.C. § 12–120(3) is triggered when there are “allegations in the complaint that the parties entered into a commercial transaction and that the complaining party is entitled to recover based upon that transaction.” ... However, a party who alleges an action to recover on an open account or contract related to the purchase of services will also trigger this statute. ... In other words, when a plaintiff alleges a commercial contract exists and the defendant successfully defends by showing that the commercial contract never existed, the court awards the defendant attorney fees. ... Here, Intermountain’s amended complaint alleged breach of contract as Count One, and debt due on an open account as Count Two. Because these are both specifically mentioned in I.C. § 12-130(3), the statute applies. ... We therefore hold that the district court properly awarded Draw attorney fees under I.C. § 12-120(3).

Section 12-120(3) grants the prevailing party attorney fees in an action to recover on a commercial transaction, defined as a transaction other than one for personal or household purposes.

Silicon International Ore, LLC v. Monsanto Co. · filed 2013-11-27(3)

Monsanto and WGI each requests attorney fees on appeal pursuant to I.C. § 12-120(3). That section grants the prevailing party the right to recover attorney fees in any action to recover in a commercial transaction. A commercial transaction is defined as “all transactions except transactions for personal or household purposes.” I.C. § 12-120(3). Here, SIO sought to recover on a transaction for the purchase of silica sand, which was not a transaction for a household purpose. Therefore, Monsanto and WGI, as the prevailing parties, are each entitled to attorney fees on appeal. WGI also requests attorney fees on appeal pursuant to section 16 of the Master agreement, but because WGI has been awarded attorney fees pursuant to I.C. 12-120(3), it is not necessary to decide whether it is entitled to attorney fees under the Master Agreement.

Section 12-120(3) allows the prevailing party to recover attorney fees and costs when the civil action seeks recovery on a commercial transaction, including an alleged commercial transaction that did not result in liability.

American West Enterprises, Inc. v. CNH, LLC · filed 2013-12-20(3)

Idaho Code Section 12-120(3) provides for attorney fees to the prevailing party in a civil action to recover on “any commercial transaction.”

Section 12-120(3) permits attorney fees only when the parties had a commercial transaction.

Farmers National Bank v. Green River Dairy, LLC · filed 2014-01-24(3)

Attorney fees pursuant I.C. § 12-120(3) are not awardable in this case because there was no commercial transaction between the parties.

Section 12-120(3) does not allow attorney fees when the parties did not have a commercial transaction.

Farmers Nat'l Bank v. Green River Dairy · filed 2014-01-24(3)

Attorney fees pursuant I.C. § 12-120(3) are not awardable in this case because there was no commercial transaction between the parties.

Section 12-120(3) permits a prevailing party to recover attorney fees in an action based on a commercial transaction even when the claimant's commercial-transaction claims fail.

De Groot v. Standley Trenching, Inc. · filed 2014-03-28(3)

This Court has made clear that the failure of a party’s claims based on a commercial transaction does not absolve a party of the attorney fees and costs that would be awarded under I.C. § 12-120(3).

Section 12-120(3) allows a prevailing party to recover reasonable attorney fees in a civil action involving a commercial transaction, including a breach-of-employment-contract action.

Sanders v. Board of Trustees of the Mountain Home School District No. 193 · filed 2014-04-07(3)

Here, Sanders alleged a breach of her employment contract, so there was a commercial transaction and I.C. § 12-120(3) applies. The Board was the prevailing party at trial and requested fees under I.C. § 12-120(3), so the Board is entitled to its reasonable attorney fees under I.C. § 12-120(3).

Section 12-120(3) requires reasonable attorneys’ fees for the prevailing party in a civil action seeking recovery on a commercial transaction.

Energy Consulting & Management Solutions, LLC v. Western States Equipment Co. · filed 2014-05-21(3)

Section 12-120(3) requires an award of reasonable attorneys’ fees to the prevailing party in “any civil action to recover on ... any commercial transaction^]”

Section 12-120(3) requires a reasonable attorney-fee award to the prevailing party in a qualifying commercial transaction, including on appeal.

Evans v. Burnham · filed 2014-06-09(3)

“The mandatory attorney fee provisions of I.C. § 12-120 govern on appeal as well as in the trial court.” ... Evans does not dispute that this case arose out of a commercial transaction. ... However, Burnham specifically cited I.C. § 12-120(3) and indicated he is entitled to attorney fees because this was a commercial transaction. ... Because Burnham is the prevailing party, we award him attorney fees.

Section 12-120(3) awards attorney fees to the prevailing party in a civil action to recover on a commercial transaction, including when a qualifying contractual relationship is alleged even if no contract liability is ultimately established.

Profits Plus Capital Mgmt. v. Jeffrey Podesta and Street Search · filed 2014-07-08(3)

Idaho Code Section 12-120(3) provides for attorney fees to the prevailing party in a civil action to recover on “any commercial transaction.” Commercial transactions are all transactions except for personal or household purposes. I.C. § 12-120(3). Whether there is a commercial transaction is a question of law over which this Court exercises free review. Great Plains Equip. v. Nw. Pipeline Corp., 136 Idaho 466, 470, 36 P.3d 218, 222 (2001). “Where a party alleges the existence of a contractual relationship of a type embraced by section 12-120(3) ... that claim triggers the application of [I.C. § 12-120(3)] and a prevailing party may recover fees even though no liability under a contract was established.” Farmers Nat’l Bank v. Shirey, 126 Idaho 63, 73, 878 P.2d 762, 772 (1994).

Section 12-120(3) provides attorney fees to the prevailing party in a civil action to recover on any commercial transaction.

Profits Plus Capital Management, LLC v. Podesta · filed 2014-07-08(3)

Idaho Code Section 12-120(3) provides for attorney fees to the prevailing party in a civil action to recover on “any commercial transaction.”

Under subsection (3), a prevailing party may recover attorney fees when the losing party alleged a commercial transaction between the parties, even if no such transaction actually occurred.

DAFCO v. Stewart Title Guaranty Co · filed 2014-07-31(3)

Generally, attorney fees are not available to the prevailing party under the commercial transaction prong of Idaho Code § 12-120(3), unless the commercial transaction is between the parties to the litigation. ... However, even where no commercial transaction occurs between the parties, we have allowed attorney fees to a prevailing party where the losing party has alleged a commercial transaction between the parties. ... Because Stewart and AmeriTitle prevailed on this appeal, they are entitled to their fees under I.C. § 12-120(3).

Section 12-120(3) permits a reasonable attorney-fee award to the prevailing party in a civil action arising from a commercial transaction, but parties that each prevail in part are not entitled to fees on appeal.

St. Als v. MRI Associates · filed 2014-08-04(3)

Idaho Code § 12-120(3) “grants the prevailing party the right to an award of a reasonable attorney’s fee in ‘any civil action to recover . . . in any commercial transaction.’ ” Apple’s Mobile Catering, LLC v. O’Dell, 149 Idaho 211, 216, 233 P.3d 142, 147 (2010). The MRI Entities prevailed on the appeal, but they did not prevail on their cross-appeal. Since they prevailed in part and Saint Alphonsus prevailed in part, they are not entitled to an award of attorney fees.

Section 12-120(3) requires a commercial transaction to be the gravamen of the lawsuit; in an action based on an employment contract, the prevailing party is entitled to reasonable attorney fees.

Trugreen Companies v. Mower Bros. · filed 2013-06-18(3)

Under Idaho Code Ann. § 12-120(3), “the prevailing party in a civil action involving a commercial transaction based on a contract is entitled to an award of reasonable attorney fees.” ... Here, for § 12-120(3) to apply, the movants’ employment contract must have comprised the gravamen of TruGreen's lawsuit against them.

Section 12-120(3) requires a reasonable attorney-fee award to the prevailing party in a civil action to recover on a commercial transaction when the transaction is integral to the claim and forms the basis of the attempted recovery.

Lunber v. Lighty SUBSTITUTE · filed 2014-08-11(3)

That section provides, in relevant part: “In any civil action to recover on . . . any commercial transaction . . . the prevailing party shall be allowed a reasonable attorney’s fee to be set by the court . . . .” Id. “The term, ‘commercial transaction’ is defined to mean all transactions except transactions for personal or household purposes.” Id. The critical test is whether the commercial transaction comprises the gravamen of the lawsuit; the commercial transaction must be integral to the claim and constitute the basis upon which the party is attempting to recover. Esser Elec. v. Lost River Ballistics Technologies, Inc., 145 Idaho 912, 921, 188 P.3d 854, 863 (2008). Here, the claims at issue in this case arose out of a commercial transaction between Mesenbrink and Lighty for the purchase of a wood treatment facility and related property. We agree with Lighty’s undisputed assertion that the claims raised were integral to the parties’ underlying commercial transaction, namely the asset purchase agreement executed by the parties for the purchase of the treatment facility and assets. Accordingly, as the prevailing party on appeal, Lighty is entitled to an award of reasonable attorney fees pursuant to section 12-120(3).

Section 12-120(3) awards attorney fees to the prevailing party in a civil action to recover in a commercial transaction when the transaction is integral to the claim and the party seeks recovery on that basis.

Agrisource, Inc. v. Johnson · filed 2014-08-18(3)

Idaho Code section 12-120(3) awards attorney fees to the prevailing party in any civil action to recover “in any commercial transaction.” Blimka v. My Web Wholesaler, LLC, 143 Idaho 723, 728, 152 P.3d 594, 599 (2007). Commercial transaction is defined as “all transactions except transactions for personal or household purposes.” I.C. § 12-120(3). This Court awards attorney fees under Idaho Code section 12-120(3) if the commercial transaction is integral to the claim and the party attempts to recover on that basis. Blimka, 143 Idaho at 728, 152 P.3d at 599. Here, Idaho Code section 12-120(3) applies because the underlying transaction is a commercial wheat delivery contract.

Section 12-120(3) requires a reasonable attorney-fee award to the prevailing party in an action to recover in a commercial transaction, including legal-malpractice services not rendered for personal or household purposes.

Taylor v. Riley / Taylor v. Cummings · filed 2014-08-22(3)

Idaho Code section 12-120(3) provides that “[i]n any civil action to recover . . . in any commercial transaction unless otherwise provided by law, the prevailing party shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as costs.” A “commercial transaction” is defined as “all transactions except transactions for personal or household purposes.” I.C. § 12-120(3). The opinion letter qualifies as a commercial transaction between Messrs. Riley and Turnbow on one side and Mr. Taylor on the other. An action seeking to recover damages for legal malpractice is an action to recover in a commercial transaction where the legal services were not rendered for personal or household purposes. City of McCall v. Buxton, 146 Idaho 656, 665, 201 P.3d 629, 638 (2009). Mr. Riley is the prevailing party in this litigation because he is entitled to have the claim against him dismissed with prejudice. Therefore, we award him attorney fees on appeal under Idaho Code section 12-120(3), and on remand the district court can determine the amount to award for the proceedings in the district court.

Section 12-120(3) permits attorney fees to the prevailing party in a civil action arising from a commercial transaction, but the transaction is commercial only if each party entered it for a commercial purpose; a personal-use home construction agreement is not commercial.

Frontier Development Grp v. Caravella · filed 2014-08-28(3)

This code provision entitles the prevailing party in any civil action arising from a commercial transaction to recover attorney fees. “All transactions other than those for personal or household purposes are considered commercial transactions.” Carrillo v. Boise Tire Co., 152 Idaho 741, 755, 274 P.3d 1256, 1270 (2012). “[I]n order for a transaction to be commercial, each party to the transaction must enter the transaction for a commercial purpose.” Id. at 756, 274 P.3d at 1271. In Goodspeed v. Shippen, 154 Idaho 866, 303 P.3d 225 (2013), we considered an appeal arising from the Goodspeeds’ purchase of a home. Noting our decision in Carrillo, we stated: “As this transaction lacks the required symmetry of commercial purpose, I.C. § 12-120(3) does not apply.” Id. at 874, 303 P.3d at 233. In this case, the Caravellas’ purpose for entering into the agreement with Horn and FDG was to construct a house for their personal use; therefore the transaction was not commercial. For this reason, we do not award attorney fees under Idaho Code section 12-120(3).

Section 12-120(3) requires a reasonable attorney-fee award to the prevailing party in a civil action to recover on a commercial transaction; a transaction is commercial only when both parties entered it for a commercial purpose, excluding personal or household purposes.

Brown v. Greenheart · filed 2014-09-19(3)

Idaho Code section 12-120(3) provides that “[i]n any civil action to recover on . . . any commercial transaction unless otherwise provided by law, the prevailing party shall be allowed a reasonable attorney’s fee. . . .” I.C. § 12-120(3). A “commercial transaction” is any transaction “except transactions for personal or household purposes.” Id. ... “[I]n order for a transaction to be commercial, each party to the transaction must enter the transaction for a commercial purpose.” ... We conclude the district court did not err when it found that Greenheart and the Browns entered into their agreement as a commercial transaction. ... Because the parties entered into this land agreement for a commercial purpose, and not for household or personal purposes, the district court did not err when it awarded the Browns attorney fees pursuant to Idaho Code section 12-120(3).

Section 12-120(3) requires a reasonable attorney-fee award to the prevailing party in a civil action to recover in a commercial transaction.

Pocatello Hospital, LLC v. Quail Ridge Medical Investor, LLC · filed 2014-12-18(3)

Pursuant to Idaho Code section 12-120(3), “[i]n any civil action to recover . . . in any commercial transaction . . . the prevailing party shall be allowed a reasonable attorney’s fee.” I.C. § 12-120(3). ... Quail Ridge is not the prevailing party and is therefore not entitled to an award of attorney fees on appeal. As the prevailing party, PMC is awarded attorney fees and costs on appeal pursuant to both Idaho Code section 12-120(3) and section 10.3 of the Ground Lease.

Section 12-120(3) defines a commercial transaction as one not for personal or household purposes and permits attorney fees when that transaction is integral to the claim and forms the basis of recovery.

American Bank v. BRN Dev. & Taylor Eng. · filed 2015-08-20(3)

Taylor requests attorney fees on appeal pursuant to Idaho Code section 12-120(3), contending that its provision of engineering services to BRN constitutes a commercial transaction. “The term ‘commercial transaction’ is defined to mean all transactions except transactions for personal or household purposes.” I.C. § 12-120(3). “[T]he commercial transaction must be integral to the claim and constitute a basis on which the party is attempting to recover.” Clayson v. Zebe, 153 Idaho 228, 236, 280 P.3d 731, 739 (2012) (quoting Great Plains Equip., Inc. v. Nw. Pipeline Corp., 136 Idaho 466, 471, 36 P.3d 218, 223 (2001)). Here, the parties’ claims against each other arose from Taylor’s provision of services in connection with the Black Rock North Development. These services were not for personal or household purposes. As Taylor has prevailed in this appeal, Taylor is entitled to an award of attorney fees pursuant to Idaho Code section 12-120(3).

Section 12-120(3) authorizes attorney fees in qualifying commercial-transaction actions, but a claimant must support that the action involves a commercial transaction and that the transaction is the gravamen of the lawsuit.

Portfolio Recovery Assoc. v. Ruiz · filed 2015-10-23(3)

Here, the parties seek attorney fees pursuant to Idaho Code § 12-120, but neither party cites a specific provision. Presumably, the parties seek fees pursuant to I.C. § 12-120(3), which governs attorney fees in commercial transactions. But, if the party seeks an award of attorney fees under Idaho Code § 12-120(3) on the ground that the case is an action to recover in a commercial transaction, the party should, to the extent necessary, provide facts, authority, and argument supporting the claim that the case involves a “commercial transaction” and that such transaction is the gravamen of the lawsuit. Bream v. Benscoter, 139 Idaho 364, 369-70, 79 P.3d 723, 728-29 (2003). Neither party provided such information in the appeal briefings. Accordingly, we deny attorney fees on appeal to both parties.

Section 12-120(3) permits a prevailing party to recover reasonable attorney fees when the complaint alleges that the party was involved in the commercial transaction underlying the claim, even if the party was not named on contract or quasi-contract counts.

Bryan Trucking v. Gier · filed 2016-06-28(3)

Although Gier was not a named defendant on the three contract or quasi-contract claims alleged, Bryan Trucking nonetheless did allege that Gier was a party to the commercial transaction when it alleged that Gier was Ring’s agent, had defrauded Bryan Trucking, and owed Bryan Trucking a duty. Accordingly, Gier may recover under section 12-120(3), and it was not error for the district court to so hold. We affirm the district court’s decision awarding Gier attorney fees under section 12-120(3).

Section 12-120(3) allows the prevailing party to recover attorney fees in a commercial transaction.

Secured Investment Corp v. Myers Executive Building, LLC · filed 2016-08-04(3)

Idaho Code § 12-120(3) allows recoveiy of attorney fees by the prevailing party in any commercial transaction. The awarding of attorney fees and costs is within the discretion of the trial court and subject to review for an abuse of discretion. ... Because Secured was the prevailing party, the district court did not abuse its discretion in awarding Secured attorney fees and costs.

Section 12-120(3) requires a commercial transaction to be integral to the claim and the basis for recovery, and permits reasonable attorney fees to the prevailing party when it is the gravamen of the action.

Stafford L. Smith v. Woodruff D. Smith · filed 2016-09-09(3)

Whether a district court has correctly determined that a case is based on a commercial transaction for the purpose of I.C. § 12-120(3) is a question of law over which this Court exercises free review. Idaho Code § 12-120(3) allows for an award of attorney fees to the prevailing party in a civil action to recover “in any commercial transaction.” A commercial transaction includes all transactions except those for personal or household purposes. In determining whether attorney fees should be awarded under I.C. § 12-120(3), the Court has conducted a two-step analysis: (1) there must be a commercial transaction that is integral to the claim; and (2) the commercial transaction must be the basis upon which recovery is sought. The commercial transaction must be an actual basis of the complaint. The lawsuit and the causes of action must be based on a commercial transaction, not simply a situation that can be characterized as a commercial transaction. In other words, the relevant inquiry is whether the commercial transaction constituted the gravamen of the lawsuit, and was the basis on which a party is attempting to recover.

Section 12-120(3) requires a prevailing party to receive reasonable attorney fees when the claims are based on a commercial transaction, including fundamentally related tort claims; an alleged commercial transaction can trigger the statute even if later disproven.

Turner House v. Treasure Valley Area of Narcotics Anonymous · filed 2016-09-09(3)

In determining whether TVNA is entitled to attorney fees under 12-120(3), we must look to the allegations in the third-party complaint and determine if the claims were allegedly based on a commercial transaction between TVNA and Turner House. We conclude that they were. ... Under Turner House’s allegations, the rental agreement meets the definition of a commercial transaction, as it was not a lease for personal or household use. ... We hold that the rental agreement was the basis for all of Turner House’s claims, and TVNA is entitled to attorney fees under section 12-120(3) for defending against the third-party complaint.

Section 12-120(3) requires an award of attorney fees to the prevailing party when the gravamen of the lawsuit is a commercial transaction, meaning a transaction other than one for personal or household purposes.

Prehn and Bandak v. Michael L. Hodge, II · filed 2016-12-08(3)

First, Idaho Code section 12-120(3) mandates that when “the gravamen of a lawsuit” is a commercial transaction, the prevailing party is entitled to attorney’s fees. Kugler v. Nelson, 160 Idaho 408, 413, 374 P.3d 571, 579 (2016). Under the statute, a “commercial transaction” is any “transaction[] except transactions for personal or household purposes.” I.C. § 12-120(3). The award of $162,500 to Source 1, enforceable against Hodge, was pursuant to this statute because the gravamen of the action between Source 1 and Hodge arose out of a commercial transaction.

Section 12-120(3) requires attorney fees for the prevailing party in an action arising out of a commercial transaction, but tort claims alone do not invoke that provision; the commercial transaction must comprise the gravamen of the lawsuit.

Nichols v. Kanaley · filed 2017-03-21(3)

Section 12-120(3) requires an award of attorney fees to the prevailing party in an action arising out of any commercial transaction. The test for determining whether this provision authorizes an award of attorney fees is whether the commercial transaction comprises the gravamen of the lawsuit. Brower v. E.I. DuPont Nemours & Co., 117 Idaho 780, 784, 792 P.2d 345, 349 (1990). Tort claims are insufficient to implicate the commercial transaction clause of I.C. § 12-120(3). In the instant case, Nichols’s claims were tort theories and therefore insufficient to implicate the commercial transactions clause of I.C. § 12-120(3). Accordingly, the respondents are not entitled to attorney fees pursuant to I.C. § 12-120(3).

Section 12-120(3) requires an award of attorney fees to the prevailing party when the gravamen of the lawsuit is a commercial transaction, excluding transactions for personal or household purposes.

Swafford v. Huntsman Springs Inc · filed 2017-12-13(3)

Idaho Code section 12-120(3) mandates that when “the gravamen of a lawsuit” is a commercial transaction, the prevailing party is entitled to attorney’s fees. Kugler v. Nelson, 160 Idaho 408, 413, 374 P.3d 571, 579 (2016). Under the statute, a “commercial transaction” is any “transaction[ ] except transactions for personal or household purposes.” I.C. § 12-120(3).

Section 12-120(3) permits attorney fees in an action to recover on a commercial transaction, but only for parties to the transaction when it is integral to the claim and forms the basis of recovery.

Lincoln Land Co v. LP Broadband · filed 2017-12-26(3)

Idaho code section 12-120(3) provides that a prevailing party shall be allowed reasonable attorney fees related to a civil action to recover on a commercial transaction. I.C. § 12-120(3). ... “[A]ttorney fees are not appropriate under I.C. § 12-120(3) unless the commercial transaction is integral to the claim, and constitutes the basis upon which the party is attempting to recover.” ... Further, this Court has held that “only the parties to the commercial transaction are entitled to attorney fees under I.C. §12-120(3).” ... “Whether a district court has correctly determined that a case is based on a ‘commercial transaction’ for the purpose of I.C. § 12-120(3) is a question of law,” over which this Court exercises free review. ... We find that the district court correctly denied LP Broadband’s request for attorney fees under Idaho Code section 12-120(3) because a commercial transaction never occurred between Lincoln Land and LP Broadband.

Section 12-120(3) allows the prevailing party in a civil action arising from a commercial transaction to recover attorney fees, but a transaction is commercial only if each party entered it for a commercial purpose.

Frontier Development Group, LLC v. Caravella · filed 2014-08-28(3)

This code provision entitles the prevailing party in any civil action arising from a commercial transaction to recover attorney fees. “All transactions other than those for personal or household purposes are considered commercial transactions.” Carrillo v. Boise Tire Co., 152 Idaho 741, 755, 274 P.3d 1256, 1270 (2012). “[I]n order for a transaction to be commercial, each party to the transaction must enter the transaction for a commercial purpose.” Id. at 756, 274 P.3d at 1271. In Goodspeed v. Shippen, 154 Idaho 866, 303 P.3d 225 (2013), we considered an appeal arising from the Goodspeeds’ purchase of a home. Noting our decision in Carrillo, we stated: “As this transaction lacks the required symmetry of commercial purpose, I.C. § 12-120(3) does not apply.” Id. at 874, 303 P.3d at 233. In this case, the Caravellas’ purpose for entering into the agreement with Horn and FDG was to construct a house for their personal use; therefore the transaction was not commercial. For this reason, we do not award attorney fees under Idaho Code section 12-120(3).

Section 12-120(3) entitles the prevailing party to attorney’s fees when the gravamen of the lawsuit is a commercial transaction, excluding transactions for personal or household purposes.

Swafford v. Huntsman Springs · filed 2017-07-06(3)

Idaho Code section 12-120(3) mandates that when “the gravamen of a lawsuit” is a commercial transaction, the prevailing party is entitled to attorney’s fees. ... Under the statute, a “commercial transaction” is any “transaction[ ] except transactions for personal or household purposes.”

Section 12-120(3) requires reasonable attorney fees for the prevailing party when the gravamen of the lawsuit is a commercial transaction integral to and forming the basis of the claim.

Johnson v. Crossett · filed 2018-01-10(3)

Idaho Code section 12-120(3) mandates that when “the gravamen of a lawsuit” is a commercial transaction, the prevailing party is entitled to attorney’s fees. ... We affirm the district court’s award of attorney fees to Crossett. Although the LLA was related to the action, the gravamen of the action was a dispute between individuals for a claimed contractual breach, i.e., the Oral Agreement, which was a commercial transaction. ... In sum, we affirm the district court’s award of attorney fees because a commercial transaction was integral to Appellants’ claim and was the basis upon which they sought recovery.

Section 12-120(3) permits a prevailing party to recover reasonable attorney’s fees in a commercial transaction, and an alleged breach of an employment contract qualifies as such a transaction.

Mendez v. University Health Svcs BSU · filed 2018-01-17(3)

Section 12-120 allows for reasonable attorney’s fees for a prevailing party “in any commercial transaction unless otherwise provided by law . . . .” I.C. § 12-120(3). We have held that an allegation of breach of an employment contract qualifies as a “commercial transaction” under the statute. Nix v. Elmore Cnty., 158 Idaho 310, 320, 346 P.3d 1045, 1055 (2015). Here, Mendez alleged such a breach, so Respondents are entitled to fees associated with their employment contract defense.

Section 12-120(3) awards attorney fees to the prevailing party in a civil action arising from a commercial transaction, including on appeal, except transactions for personal or household purposes.

Hull v. Geisler · filed 2018-01-18(3)

Idaho Code section 12-120(3) entitles the prevailing party in civil actions—including on appeal—arising from a commercial transaction to an award of attorney fees. Garner v. Povey, 151 Idaho 462, 471, 259 P.3d 608, 617 (2011). This includes “all transactions except transactions for personal or household purposes.” I.C. § 12-120(3). Giesler is the prevailing party on appeal. This case arises from a profit-sharing agreement related to the development of residential housing. We have previously recognized these types of agreements as commercial transactions. Prop. Mgmt. W., Inc. v. Hunt, 126 Idaho 897, 900, 894 P.2d 130, 133 (1995). Thus, Giesler is entitled to an award of attorney fees on appeal under Idaho Code section 12-120(3).

Section 12-120(3) requires a commercial transaction between the litigants, with each party entering it for a commercial purpose, before the prevailing party may receive attorney fees.

Clarke v. Latimer · filed 2018-06-26(3)

“The term ‘commercial transaction’ is defined to mean all transactions except transactions for personal or household purposes.” I.C. § 12-120(3). “[I]n order for a transaction to be commercial, each party to the transaction must enter the transaction for a commercial purpose.” Carrillo v. Boise Tire Co., 152 Idaho 741, 756, 274 P.3d 1256, 1271 (2012). For a party to recover under section 12-120(3), the commercial transaction must be between the parties to the lawsuit. Printcraft Press, Inc. v. Sunnyside Park Utils., Inc., 153 Idaho 440, 461, 283 P.3d 757, 778 (2012). ... Unlike in Meyers, however, the Clarkes’ lawsuit against Holly is not founded upon a commercial transaction, fraudulent or otherwise, nor is it even premised on a transaction between the parties to this case. Rather, their claim was based on noncommercial transfers of funds between Zach and Holly. ... Thus, even if the Clarkes were the prevailing party below, the district court’s determination that they were not entitled to fees is affirmed.

Section 12-120(3) requires a prevailing party to receive reasonable attorney fees in a civil action involving a commercial transaction, but fees are unavailable for enforcing an illegal transaction.

Taylor v. Taylor · filed 2018-07-27(3)

In this case, Donna filed this lawsuit to enforce the terms of a commercial transaction (the 1996 PSA or alternatively, the 1995 Letter Agreement). The 1996 PSA is illegal, and fees cannot be awarded for attempting to enforce it. Taylor, 151 Idaho at 574, 261 P.3d at 851. However, the 1995 Letter Agreement is not an illegal agreement. Because Donna has prevailed on appeal in enforcing the terms of a commercial transaction, she is entitled to an award of attorney fees limited to that portion of her appeal under section 12-120(3).

Section 12-120(3) requires a reasonable attorney-fee award to the prevailing party in a lawsuit arising from a commercial transaction, including on appeal.

H20 Environmental v. Farm Supply · filed 2018-10-17(3)

The prevailing party in a lawsuit arising from a commercial transaction is entitled to an award of attorney’s fees on appeal. Bryan Trucking, Inc. v. Gier, 160 Idaho 422, 427, 374 P.3d 585, 590 (2016); I.C. § 12–120(3). This lawsuit arises from a commercial transaction. We therefore award attorney’s fees to H2O as the prevailing party on appeal.

Section 12-120(3) entitles the prevailing party in a suit based on a commercial transaction to reasonable attorney fees, including on appeal, when the transaction is integral to the claim and the basis for recovery.

Lee v. Willow Creek Ranch Estates No. 2 Subdivision Homeowners' Ass'n, Inc. · filed 2018-11-28(3)

The prevailing party in a suit based upon a commercial transaction is entitled to an award of reasonable attorney fees, including on appeal. See Bryan Trucking, Inc. v. Gier, 160 Idaho 422, 427, 374 P.3d 585, 590 (2016); I.C. § 12-120(3). “In determining whether attorney fees should be awarded under I.C. § 12-120(3), the Court has conducted a two-step analysis: ‘(1) there must be a commercial transaction that is integral to the claim; and (2) the commercial transaction must be the basis upon which recovery is sought.’ ” Garner v. Povey, 151 Idaho 462, 469, 259 P.3d 608, 615 (2011). Here, the dispute between the Lees and the HOA stems from the acquisition of property to facilitate the development of a subdivision. This is a commercial transaction. See Lexington Heights Dev., LLC v. Crandlemire, 140 Idaho 276, 287, 92 P.3d 526, 537 (2004). Because this case arises from a commercial transaction, the HOA is entitled to an award of attorney fees.

Section 12-120(3) authorizes reasonable attorney’s fees to the prevailing party in a civil action to recover on a commercial transaction when that transaction is integral to and forms the basis of the claim.

Monitor Finance v. Wildlife Ridge Estates · filed 2019-01-09(3)

“Commercial transactions,” as defined in I.C. § 12-120(3), include all transactions except transactions for personal or household purposes. “Attorney’s fees are not appropriate under I.C. § 12-120(3) unless the commercial transaction is integral to the claim, and constitutes the basis upon which the party is attempting to recover.” Brower v. E.I. DuPont De Nemours & Co., 117 Idaho 780, 784, 792 P.2d 345, 349 (1990). ... The Beneficiaries are the prevailing parties in this action and meet the requirements of both Rule and statute. The Beneficiaries’ claim is based on the deed of trust, promissory note, and modification; thus, the underlying commercial transaction is integral to the Beneficiaries’ claim and constitutes the basis for judicial foreclosure. Id. Therefore, the Beneficiaries are awarded reasonable attorney’s fees under Section 12-120(3).

Section 12-120(3) requires a commercial transaction to be integral to and the basis of the claim for prevailing-party attorney fees; a commercial relationship alone is insufficient.

SilverWing v. Bonner County · filed 2019-02-26(3)

To resolve this issue, we must again review the statutory meaning of a “commercial transaction.” ... “To determine whether the significant part of a claim is a commercial transaction, the court must analyze whether a commercial transaction (1) is integral to the claim and (2) constitutes the basis of the party’s theory of recovery on that claim.” ... We hold that while the relationship was a commercial one, there was no transaction between the County and SilverWing regarding placement of the west taxiway.

Section 12-120(3) permits attorney fees only when a commercial transaction is integral to the claim and forms the basis of the theory of recovery; a commercial relationship or purpose alone is insufficient.

Silverwing At Sandpoint, LLC v. Bonner Cnty. · filed 2019-02-26(3)

To resolve this issue, we must again review the statutory meaning of a "commercial transaction." "[W]hether a party can recover attorney fees under Idaho Code section 12-120(3) depends on whether the gravamen of a claim is a commercial transaction." ... "To determine whether the significant part of a claim is a commercial transaction, the court must analyze whether a commercial transaction (1) is integral to the claim and (2) constitutes the basis of the party's theory of recovery on that claim." ... Thus, we hold that the gravamen of SilverWing's promissory estoppel claim was not an action to recover in a commercial transaction and that attorney fees were improperly awarded.

Section 12-120(3) requires a reasonable attorney-fee award to the prevailing party in a commercial transaction, including an action on a contract for services, unless otherwise provided by law.

Reese v. Siddoway & Co · filed 2019-07-25(3)

The gravamen of the underlying transaction was commercial in nature. Thus, because Wadsworth Reese PLLC is the prevailing party on this appeal, it is entitled to attorney fees.

Section 12-120(3) entitles a prevailing party in a civil action involving a commercial transaction to reasonable attorney fees; a transaction is commercial when it is not for personal or household purposes, even if the claim is based on fraud or an oral contract.

Eduardo L. Sarria and Heather R. Sarria - Adversary Proceeding · filed 2019-09-20(3)

Idaho Code § 12-120(3) defines commercial transactions as “all transactions except transactions for personal or household purposes.” Here, Defendant was a supplier of imported Basque goods and billed Plaintiff for such goods for use in Plaintiff’s restaurant. The goods were delivered for a commercial purpose and not for Plaintiff’s personal or household use. Thus, even though this was a fraud case, the core issue disputed by the parties was whether or not Defendant delivered goods under the terms of an oral contract with Plaintiff. As this court explained in Haun, neither the absence of a written contract, nor the fact that Plaintiff’s claim is based on fraud, precludes the operation of Idaho Code § 12-120(3). Haun, 396 B.R. at 520. Therefore, the Court finds that the gravamen of Plaintiff’s claim was a commercial transaction as defined in Idaho Code § 12-120(3).

Section 12-120(3) allows a prevailing party a reasonable attorney’s fee in qualifying civil actions, including commercial transactions, but does not support fees for a § 727(a)(3) bankruptcy recordkeeping action.

Banner Bank v. Wyatt · filed 2019-11-01(3)

Per Plaintiff, attorneys’ fees should be awarded under Idaho Code § 12-120(3) because its fees incurred in the § 727(a)(3) litigation were related to a commercial transaction. ... However, in this context, federal case law interpreting the Code and the Rules does in fact provide otherwise. ... Plaintiff would not be entitled to any fees had it proved the elements of its § 727(a)(3) claim in a state court action. This is because the gravamen of a § 727(a)(3) action is the debtor’s conduct with respect to recordkeeping in the bankruptcy case as a whole, not to the relationship between a creditor and a debtor based on their rights and duties in contract. The Court finds no authority for awarding fees in this context, and Plaintiff’s request for $138,985.00 in fees is denied.

Section 12-120(3) mandates attorney fees only when the commercial transaction underlying the claim was between the litigating parties, with eligibility assessed claim by claim.

First Bank of Lincoln v. Land Title of Nez Perce County · filed 2019-11-18(3)

“Under this statute, when a commercial transaction comprises the gravamen of a lawsuit, the prevailing party shall be awarded attorney fees.” ... However, the alleged contract or commercial transaction must still have been between the parties. ... This inquiry is conducted on a claim-by-claim basis. ... Thus, attorney’s fees cannot be awarded under section 12-120(3) for either claim.

Section 12-120(3) permits prevailing-party attorney fees only when the claim is based on a qualifying commercial transaction between the parties; a related third-party sale or lease, or merely a commercial relationship, is insufficient.

Kenworth Sales v. Skinner Trucking · filed 2019-12-11(3)

Because Kenworth’s sale of the trucks to GE was not the gravamen of its claim, the sale cannot support a claim for attorney fees under section 12-120(3). ... Likewise, the lease does not provide a basis for Skinner to recover attorney fees under section 12-120(3) because the lease was between Skinner and GE, not Skinner and Kenworth. ... Therefore, even though Skinner and Kenworth were in a commercial relationship, it cannot be said that Kenworth alleged a commercial transaction as the basis of its claim. ... Because Kenworth did not allege that there was a commercial transaction between itself and Skinner, the district court correctly concluded that Skinner is not entitled to attorney fees under section 12-120(3) even though Kenworth’s claim likely would not have arisen in the absence of the lease.

Section 12-120(3) permits attorney fees without a contract between the parties when a claim arises from a commercial transaction; a legal-malpractice claim qualifies when it would not have arisen absent that transaction.

Ciccarello v. Davies · filed 2019-12-23(3)

Idaho Code section 12-120(3) “does not require that there be a contract between the parties before the statute is applied; the statute only requires that there be a commercial transaction.” ... Therefore, a party to a legal malpractice action may be awarded attorney fees under Idaho Code section 12-120(3) “where the claim ‘would not have arisen absent the claimed commercial transaction.’” ... These facts constitute several commercial transactions. Ciccarello’s malpractice claim against Davies and MCHD arises solely out of those transactions. If they were absent, his claim would not exist. ... Therefore, we award attorney fees on appeal to Respondents Davies and MCHD.

Section 12-120(3) allows attorney fees to the prevailing party when a commercial transaction is the gravamen of the action, but fees are not appropriate when the claim primarily enforces a statutory scheme.

Guenther v. Ryerson · filed 2020-02-18(3)

Under this statute, when a commercial transaction comprises the gravamen of a lawsuit, the prevailing party shall be awarded attorney fees. ... When the gravamen of a claim is to enforce a statutory scheme, attorney’s fees are not appropriate under Idaho Code section 12-120(3). ... Therefore, the gravamen of both claims was the enforcement of a statutory scheme for dissolution and winding up of partnerships. Therefore, the district court did not err in declining to award attorney’s fees under section 12-120(3).

Section 12-120(3) allows the prevailing party a reasonable attorney fee in a civil action involving a commercial transaction, including when the commercial transaction is integral to the claims.

Medrain v. Lee · filed 2020-04-17(3)

We conclude that section 12-120(3) is most-applicable in this case and award attorney fees under that statute. Idaho Code section 12-120(3) provides, in pertinent part, that “[i]n any civil action . . . in any commercial transaction unless otherwise provided by law, the prevailing party shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as costs.” I.C. § 12-120(3). “Under this statute, when a commercial transaction comprises the gravamen of a lawsuit, the prevailing party shall be awarded attorney fees.” First Bank of Lincoln v. Land Title of Nez Perce Cnty., Inc., 165 Idaho 813, 824, 452 P.3d 835, 846 (2019) (quoting Kugler v. Nelson, 160 Idaho 408, 416, 374 P.3d 571, 579 (2016)). “All transactions other than those for personal or household purposes are considered commercial transactions.” Id. Medrain is entitled to attorney fees under Idaho Code section 12-120(3) because there was an underlying commercial transaction integral to Medrain’s claims. The restaurant was a business and Medrain performs HVAC services for a commercial purpose. Thus, an award of attorney fees and costs under section 12-120(3) is appropriate.

Section 12-120(3) permits a prevailing party to recover reasonable attorney’s fees in a civil action involving a listed debt or contract or any commercial transaction, but it does not apply to a proceeding initiated by a petition for judicial review.

Travelers Insurance v. Ultimate Logistics · filed 2020-06-18(3)

Like section 12-121, section 12-120(3) allows for attorney’s fees in “civil action[s].” See id. Civil actions are commenced by the filing of a complaint. See Goodman Oil Co. v. Scotty’s Duro-Bilt Generator, Inc., 147 Idaho 56, 59, 205 P.3d 1192, 1195 (2009). Because Travelers initiated these proceedings by filing a petition for judicial review with the district court, attorney’s fees cannot be awarded under Idaho Code section 12-120(3).

Section 12-120(3) requires a reasonable attorney-fee award to the prevailing party in a civil action involving a commercial transaction, unless otherwise provided by law.

Yellowstone Poky, LLC. v. First Pocatello Associates, L.P. · filed 2020-09-28(3)

Idaho Code Section 12-120(3) provides: In any civil action to recover on … [a] contract relating to the purchase or sale of good, wares, merchandise, or services and in any commercial transaction unless otherwise provided by law, the prevailing party shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as costs. Idaho Code § 12-120(3). There is no question in this case that First Pocatello is the prevailing party. Likewise, there is no dispute that the claim arose out of a commercial transaction. Accordingly, the Court finds that First Pocatello is entitled to its reasonable costs and fees.

Section 12-120(3) requires attorney fees for the prevailing party in a civil action to recover on a commercial transaction; a transaction is commercial if it is not for personal or household purposes and its purpose is to generate income.

Carter v. Gateway Parks LLC · filed 2020-11-02(3)

Under section 12-120(3), a court is required to award attorney fees to the prevailing party in a civil action to recover “in any commercial transaction.” I.C. § 12-120(3). A “commercial transaction” is defined as: “all transactions except transactions for personal or household purposes.” Id. A commercial transaction can be characterized as one in which the purpose for entering into the transaction was to generate income. Stevens v. Eyer, 161 Idaho 407, 412, 387 P.3d 75, 80 (2016). Here, we agree with the district court’s analysis that this was clearly a commercial transaction. It was intended to generate income for Carter, regardless of whether he characterized it as a loan or an investment.

Section 12-120(3) permits the overall prevailing party to recover reasonable attorney fees when the action involves a commercial transaction.

Choice Feed Inc. v. Montierth · filed 2021-02-09(3)

Idaho Code section 12-120(3) allows “the prevailing party” to be awarded reasonable attorney fees when the case involves a “commercial transaction.” I.C. § 12-120(3). ... Accordingly, because we deem Choice Feed to be the overall prevailing party on this appeal, it is entitled to attorney fees under section 12-120(3).

Section 12-120(3) requires reasonable attorney-fee awards to prevailing parties in actions involving a commercial transaction when that transaction is integral to the claims and the basis of recovery, even when the action includes other theories.

Edmark Auto, Inc. v. Zurich, Inc. · filed 2021-03-01(3)

“In any civil action to recover . . . in any commercial transaction . . . the prevailing party shall be allowed a reasonable attorney’s fees.” ... For a prevailing party to avail itself of § 12-120(3), the critical test is “whether the commercial transaction comprises the gravamen of the lawsuit.” ... Section 12-120(3) may be invoked even when eligible claims are combined with other theories that would not have triggered its application, as long as the commercial transaction remains integral to the claim and constitutes the basis of recovery. ... While it is true that the Court is required to “analyze the gravamen claim by claim,” Plaintiffs are not required to separate claims when each cause of action stems from the same commercial transaction. ... As such, Plaintiffs are entitled to recover reasonable attorneys’ fees under § 12-120(3).”

Section 12-120(3) allows reasonable attorney fees when the gravamen of a civil claim is a commercial transaction; a tort claim may qualify when fundamentally related to that transaction, but promissory estoppel itself is not a statutory commercial transaction.

Knudsen v. J.R. Simplot Company · filed 2021-03-18(3)

Where there is a commercial transaction, this Court uses a two-part test to determine if section 12-120(3) applies: the commercial transaction must be “integral to the claim” and also “constitute[] the basis upon which the party is attempting to recover.” ... We agree with Knudsen that the gravamen of his promissory estoppel claim was not a commercial transaction within the ambit of section 12-120(3). ... In contrast, Knudsen’s NIED claim does concern a commercial transaction. ... Though the NIED claim sounds in tort, it is fundamentally related to a commercial transaction—the negotiation and formation of an employment agreement—and thus qualifies for an award of fees under section 12-120(3). ... Although we conclude that several of Knudsen’s claims concern a commercial transaction to which section 12-120(3) would apply, we nonetheless decline to reverse the district court’s denial of Simplot’s motion because Simplot provided no basis on which the fees between the various claims could be apportioned.

Section 12-120(3) permits the prevailing party to recover attorney fees in a civil action arising from a commercial transaction, including a breach-of-employment-contract action.

La Bella Vita v. Shuler · filed 2018-10-15(3)

Idaho Code § 12-120(3) allows for the recovery of attorney fees by the prevailing party in a civil action to recover on any commercial transaction. Actions brought for breach of an employment contract are considered commercial transactions, subject to the attorney fee provision of I.C. § 12-120(3).

Section 12-120(3) permits the prevailing party to recover attorney fees in a civil action to recover on a commercial transaction, including an action for breach of an employment contract.

La Bella Vita v. Shuler · filed 2018-10-15(3)

Idaho Code § 12-120(3) allows for the recovery of attorney fees by the prevailing party in a civil action to recover on any commercial transaction. Actions brought for breach of an employment contract are considered commercial transactions, subject to the attorney fee provision of I.C. § 12-120(3). Oakes v. Boise Heart Clinic Physicians, PLLC, 152 Idaho 540, 547, 272 P.3d 512, 519 (2012). La Bella Vita has prevailed and therefore is entitled to an award of attorney fees and costs on appeal.

Section 12-120(3) requires a reasonable attorney-fee award to the prevailing party in a lawsuit arising from a commercial transaction, determined through a reasoned application of the applicable fee factors rather than an arbitrary cap at the amount in controversy.

H2O Envtl., Inc. v. Farm Supply Distribs., Inc. · filed 2018-10-17(3)

The prevailing party in a lawsuit arising from a commercial transaction “shall be allowed a reasonable attorney’s fee to be set by the court . . . .” I.C. § 12-120(3). ... In this instance, the third prong of the abuse of discretion inquiry is closely related to the fourth prong because the applicable legal standard compels the trial court to award a reasonable attorney fee after considering the Idaho Rule of Civil Procedure 54(e)(3) factors. Stated differently, the applicable overarching legal standard here is one of reasonableness. ... It is not enough for a trial court to acknowledge the existence of the Rule 54(e)(3) factors; rather, it must appear that there is a reasoned application of those factors in the trial court’s decision regarding the amount of attorney’s fees to be awarded. ... Therefore, we hold that the district court erred when it upheld the magistrate court’s decision.

Section 12-120(3) authorizes reasonable attorney fees to the prevailing party when a commercial transaction comprises the gravamen of the lawsuit, but not for tortious interference with contract.

Tricore Investments LLC v. Estate of Warren · filed 2021-04-14(3)

Attorney fees are not recoverable under section 12-120(3) for tortious interference with a contract. ... Attorney fees under Idaho Code section 12-120(3) are appropriately awarded to the prevailing party ‘[i]n any civil action . . . in any commercial transaction[.]’ ” Alsco, 166 Idaho at 535, 461 P.3d at 817 (quoting I.C. § 12-120(3)). Commercial transaction is “defined to mean all transactions except transactions for personal or household purposes.” I.C. § 12-120(3). “The test for determining whether this provision authorizes an award of attorney fees is whether the commercial transaction comprises the gravamen of the lawsuit.” Alsco, 166 Idaho at 535, 461 P.3d at 817 (quoting Erickson v. Flynn, 138 Idaho 430, 436, 64 P.3d 959, 965 (Ct. App. 2002)) (internal quotations omitted). ... Tricore prevailed on the primary issues of the litigation as against the Estate: the breach of contract and ICPA claims. Thus, Tricore is the prevailing party as against the Estate. Tricore is entitled to attorney fees under the Tricore PSA and section 12-120(3) against the Estate on the breach of contract claim.

Section 12-120(3) requires an award of reasonable attorney fees to the prevailing party in specified actions, including qualifying commercial transactions, but does not apply absent one of those qualifying transactions.

Rosauer v. Detiege · filed 2021-06-24(3)

Idaho Code § 12-120(3) provides: ... It is not apparent to the Court how this provision would apply to this case, and Plaintiff makes no argument in support thereof.14 Therefore, attorney fees under this provision will be denied. ... 14 In this case, the Court made no findings with respect to an open account, account stated, note, bill, negotiable instrument, guaranty, or contract relating to the purchase or sale of goods, wares, merchandise, or services. Furthermore, this case does not involve any commercial transaction. See Idaho Code § 12-120(3) (“The term ‘commercial transaction’ is defined to mean all transactions except transactions for personal or household purposes.”).

Section 12-120(3) requires an award of attorney fees when a claim arises from a commercial transaction that is integral to the claim and provides a basis for recovery.

Scoyni v. Salvador · filed 2021-10-28(3)

Finally, Scoyni alleged breach of contract in his complaint, thus Idaho Code section 12-120(3) applies to Scoyni’s breach of contract allegation. Here, Scoyni alleged oral breach of contract based a commercial transaction —use of the service mark Off-Spec Solutions. See Idaho Code § 12-120(3) (defining “commercial transaction” as “all transactions except transactions for personal or household purposes”). Further, “the commercial transaction [was] integral to the claim and constitute[d] a basis on which [Scoyni was] attempting to recover.”

Section 12-120(3) mandates reasonable attorney-fee shifting to the prevailing party in commercial transaction cases, including claims for breach of an employment contract.

Gammel v. Kuna Rural Fire Protection District · filed 2021-11-05(3)

Defendants alternatively request fees for the state contract claim under I.C. § 12-120(3), which mandates fee shifting in favor of the prevailing party in commercial transaction cases. Claims for breach of an employment contract are considered commercial transactions for the purposes of this statute. Sanders v. Bd. of Trs. of the Mt. Home Sch. Dist. No. 193, 156 Idaho 269, 271-272 (2014). If Defendants are properly considered to be the prevailing party, consequently, they are entitled to reasonable attorneys’ fees for the defense of the breach of good faith and fair dealing claim.

Section 12-120(3) requires attorney fees for a prevailing party in an action to recover on a commercial transaction only when the transaction is integral to the claim and the basis of the theory of recovery; a mere passing request for fees under the statute is insufficient.

Breckenridge Property Fund 2016, LLC v. Wally Enterprises, Inc. · filed 2022-08-22(3)

“[I]n any commercial transaction unless otherwise provided by law, the prevailing party shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as costs.” I.C. § 12-120(3). Under the statute, “[a] court must award attorney fees to the prevailing party in an action to recover on a ‘commercial transaction.’” ... “To determine whether the significant part of a claim is a commercial transaction, the court must analyze whether a commercial transaction (1) is integral to the claim and (2) constitutes the basis of the party’s theory of recovery on that claim.” ... Breckenridge’s complaint against Cornerstone and Wally alleged a violation of Idaho Code section 45-1506, negligence/negligence per se, and estoppel. The claims certainly spun out of a potential commercial transaction that Breckenridge hoped to make through a successful bid. Yet its lawsuit was based, not on any transaction, but on independent allegations of equity and tort law. ... From that limited connection, Wally and Cornerstone cannot prevail under 12-120(3) against Breckenridge for fees. ... We reverse the award of attorney fees to Cornerstone and Wally.

Section 12-120(3) allows a prevailing party to recover attorney fees in a civil action on a contract or other commercial transaction, unless otherwise provided by law.

United States of America for use and benefit of Mountain Utilities, Inc. v. Fidelity and Deposit Company of Maryland · filed 2022-11-22(3)

Idaho law provides for recouping attorney fees “in any civil action to recover on [a] … contract relating to the purchase or sale of goods … or services and in any commercial transaction unless otherwise provided by law.” Idaho Code § 12-120(3). A commercial transaction is defined as “all transactions except transactions for personal or household purposes.” Id.

Section 12-120(3) permits attorney fees to a prevailing party only when the claim involves a commercial transaction entered into for a commercial purpose by each party; a personal-use real-property purchase lacks the required mutuality of commercial purpose.

Treasure Valley Home Solutions, LLC v. Chason · filed 2023-02-14(3)

We have held that section 12-120(3) does not apply to the purchase of real property for personal use because the “transaction lacks the required symmetry of commercial purpose[.]” Goodspeed v. Shippen, 154 Idaho 866, 874, 303 P.3d 225, 233 (2013). Chason has provided no evidence here to establish a symmetry of commercial purpose in the sale his personal residence. We decline his invitation to hold that the sale of real property always constitutes a commercial transaction. ... Therefore, we hold that the district court erred in awarding Chason attorney fees under Idaho Code section 12-120(3).

Section 12-120(3) allows attorney fees when the prevailing party's civil action involves a commercial transaction alleged between the parties, or when the action is to recover on a contract for the purchase or sale of goods; a generic fee request and a breach-of-warranty claim alone are insufficient.

Safeco Insurance Company of Illinois v. LSP Products Group, Inc. · filed 2023-03-02(3)

In other words, parties are awarded attorney fees under this statute if (1) they prevail in a civil action involving a commercial transaction; or (2) they prevail in a civil action to recover on a contract relating to the purchase or sale of goods. ... The opposing party must allege that the commercial transaction was between the parties in the lawsuit. ... Therefore, Safeco’s generic request for attorney fees in the complaint does not constitute an allegation that a commercial transaction occurred. ... Unlike attorney fees based on a commercial transaction, attorney fees based on a contract relating to the sale of goods cannot be awarded if the contract is merely the gravamen of the lawsuit. Rather, “the action itself must be one to recover on the contract.” ... Breach of warranty is not an action to recover on a contract.

Section 12-120(3) does not authorize attorney fees when the lawsuit is a tort action, the commercial transaction is only tangentially related to the claim, and no commercial transaction between the parties forms the basis for recovery.

Brunobuilt, Inc. v. Briggs Engineering, Inc. · filed 2023-03-07(3)

Section 12-120(3) does not apply because a commercial transaction is not the gravamen of BrunoBuilt’s claims. First, this is a tort action. BrunoBuilt brought a cause of action for professional negligence and seeks property damages. As a tort action, the construction agreement between BrunoBuilt and the Dempseys is not integral to the claim—it is only tangentially related. Second, and closely related, is that there was no commercial transaction between BrunoBuilt and Briggs Engineering that forms the basis for recovery in this case. Erstad Architects contracted with Briggs Engineering to complete civil engineering work on the property, not BrunoBuilt. BrunoBuilt likewise did not contract with Erstad (who designed the home). Erstad’s transactional relationship was only with the Dempseys, as was BrunoBuilt’s. In sum, at its heart, this case bears no resemblance to the type of transactions we have held to be governed by section 12-120(c).

Section 12-120(3) permits attorney fees only when a commercial transaction is the gravamen of the claim; a quiet-title action resolving property rights generally is not a commercial transaction.

Greenbriar Estates Homeowners' Association, Inc. v. Esposito · filed 2023-03-22(3)

We hold that the district court did not err in finding that the HOA was not entitled to attorney fees under Idaho Code sections 12-120(3). Here, the district court correctly concluded that the underlying dispute was not a commercial transaction for purposes of awarding attorney fees. Instead, the “prior interactions and agreements between the parties . . . were incidental to the determination of present ownership and easement rights.” Further, the district court concluded that each party “submitted multiple theories and extensive evidence beyond any commercial transactions to support their claims for relief,” making an award of attorney fees under section 12-120(3) inappropriate. We affirm the district court’s analysis. While interpretation of the 2012 PSA was necessary for the resolution of this case, the gravamen of the case was an action to quiet title and resolution of a real property dispute, not a commercial transaction. As this Court has previously stated, a “quiet title action [generally] involves the determination of rights[,]” not a commercial transaction. Merrill v. Gibson, 139 Idaho 840, 846, 87 P.3d 949, 955 (2004); see also Baxter v. Craney, 135 Idaho 166, 174–75, 16 P.3d 263, 271–72 (2000) (holding that determinations of property rights generally do not qualify as commercial transactions) (internal citations omitted). We decline to stray from this line of analysis and will not expand section 12-120(3) beyond our existing case law.

Section 12-120(3) permits attorney fees to the prevailing party only in civil actions to recover on qualifying commercial contracts; it does not apply to fiduciary-duty tort claims.

Horsley v. Wardwell · filed 2023-05-03(3)

But even if that assertion is implicit in Horsley’s claims, section 12-120(3) only authorizes fee awards in actions “to recover on” commercial contracts. Here, Horsley sued for breach of fiduciary duty rather than to recover on any implied contract for legal services. Accordingly, section 12-120(3) does not authorize an attorney fee award in this case.

Section 12-120(3) requires a reasonable attorney-fee award to the prevailing party when the gravamen of the claim is a commercial transaction, but not for an inverse-condemnation claim that is not commercial.

Day v. Idaho Transportation Department · filed 2023-08-14(3)

We have previously determined that section 12-120(3) applies if a commercial transaction is “integral to the claim” and also “constitute[s] the basis upon which the party is attempting to recover.” ... In other words, recovery of attorney’s fees under section 12-120(3) hinges on “whether the gravamen of a claim is a commercial transaction.” ... In reviewing the case before us on a claim by claim basis, we conclude that the gravamen of this suit was an inverse condemnation claim—a constitutional action—and concerned accessibility to the Day Property. ... Thus, we cannot agree with ITD’s contention that the gravamen of the suit was commercial in nature. ... Both parties asked for fees under Idaho Code section 12-120(3), but that fact alone does not automatically entitle the prevailing party to an award under the statute. ... Because the district court properly determined that the gravamen of the Days’ claim was the inverse condemnation issue, ITD is not entitled to attorney fees under Idaho Code section 12-120(3).

Section 12-120(3) requires a reasonable attorney-fee award to the prevailing party in a civil action involving a commercial transaction, unless otherwise provided by law.

Bronco Elite Arts & Athletics, LLC v. 106 Garden City, LLC · filed 2023-08-18(3)

Idaho Code section 12-120(3) provides: In any civil action to recover on an open account, account stated, note, bill, negotiable instrument, guaranty, or contract relating to the purchase or sale of goods, wares, merchandise, or services and in any commercial transaction unless otherwise provided by law, the prevailing party shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as costs. The term “commercial transaction” is defined to mean all transactions except transactions for personal or household purposes. The term “party” is defined to mean any person, partnership, corporation, association, private organization, the state of Idaho or political subdivision thereof. Both parties agree that the gravamen of this case was a commercial transaction. See Stanger v. Walker Land & Cattle, LLC, 169 Idaho 566, 577, 498 P.3d 1195, 1206 (2021) (concluding that an action arising out of a lease agreement was “commercial in nature”). As the prevailing party on every issue on appeal, Bronco Elite is the prevailing party and, therefore, entitled to attorney fees pursuant to Idaho Code section 12-120(3).

Section 12-120(3) requires a court to award the prevailing party a reasonable attorney fee in an action on a commercial transaction, which includes all transactions except personal or household ones.

Northwest Bank v. Unifire, Inc. · filed 2023-11-27(3)

Pursuant to the Business Loan Agreement and Idaho Code § 12-120(3), Plaintiff, as the prevailing party, is allowed to recover a reasonable attorney’s fee, to be set by the Court. See Idaho Code § 12-120(3) (providing that, “in any commercial transaction unless otherwise provided by law, the prevailing party shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as costs.”). Under the statute, “[a] court must award attorney fees to the prevailing party in an action to recover on a ‘commercial transaction.’” Troupis v. Summer, 148 Idaho 77, 81, 218 P.3d 1138, 1142 (2009) (citations omitted). In this context, “[t]he term ‘commercial transaction’ is defined to mean all transactions except transactions for personal or household purposes.” Idaho Code § 12-120(3). Here, the Business Loan Agreement entitles Plaintiff to reasonable attorney fees under Idaho Code § 12-120(3).

Section 12-120(3) permits reasonable attorney fees for the prevailing party on a commercial-transaction claim, with fees limited to that claim when separable from claims whose gravamen is not a commercial transaction.

Precise Innovations, LLC v. Aerospace Engineering & Support, Inc. · filed 2024-07-09(3)

That rule requires courts to consider the gravamen of each claim within the lawsuit and “[w]hen various statutory and common law claims are separable, [courts] should bifurcate the claims and award fees pursuant to § 12–120(3) only on the commercial transaction.”

Section 12-120(3) allows a prevailing party to recover attorney fees in a civil action based on a commercial transaction when the transaction is integral to the claim and both parties entered it for commercial purposes.

Geringer Capital v. Taunton Properties, LLC · filed 2023-05-17(3)

“Idaho Code section 12-120(3) allows for an award of attorney fees to a prevailing party in a civil action to recover on any commercial transaction.” ... “The term ‘commercial transaction’ is defined to mean all transactions except transactions for personal or household purposes.” ... “In order for a transaction to be commercial, each party to the transaction must enter the transaction for a commercial purpose.” ... “To be the gravamen of a lawsuit, ‘(1) there must be a commercial transaction that is integral to the claim; and (2) the commercial transaction must be the basis upon which recovery is sought.’” ... The facts set forth in the amended complaint establish that a commercial transaction is the gravamen of the claims between Geringer and Taunton Properties. ... The property details, purchase price, and information exchanged indicate the purchase agreement was not for the “personal or household” use of Geringer, a business entity, but instead related to the purchase of townhomes that were used as rental properties and thus was a commercial transaction. We therefore award Taunton Properties its attorney fees on appeal pursuant to section 12-120(3).

Section 12-120(3) awards reasonable attorney fees to the prevailing party in a contract action involving a commercial transaction, but fees must be allocated to the commercial-transaction claim and denied when the fees cannot be separated.

Precise Innovations, LLC v. Aerospace Engineering & Support, Inc. · filed 2024-07-09(3)

Under Idaho law, the prevailing party in a civil action involving a commercial transaction based on a contract is entitled to an award of reasonable attorneys’ fees. I.C. § 12–120(3). ... To “determine whether the significant part of a claim is a commercial transaction, the court must analyze whether a commercial transaction (1) is integral to the claim and (2) constitutes the basis of the party's theory of recovery on that claim.” ... That rule requires courts to consider the gravamen of each claim within the lawsuit and “[w]hen various statutory and common law claims are separable, [courts] should bifurcate the claims and award fees pursuant to § 12–120(3) only on the commercial transaction.” ... When a lawsuit comprises different claims, the memorandum of costs needs to be clear enough to permit the isolation of fees attributable to the contract claim from the fees attributable to the defense of a claim not related to a commercial transaction. ... If this distinction cannot be made by the court, a claim for attorneys’ fees cannot be granted.

Section 12-120(3) permits an award of attorney fees in a civil action to recover on a note or contract involving a commercial transaction, including a prevailing party's appeal in such an action.

Sprott v. Simmons · filed 2024-09-23(3)

I.C. § 12-120(3) allows the court to set attorney fees when “any civil action to recover on . . . [a] note . . . or contract relating to the purchase or sale of goods, wares, merchandise, or services and in any commercial transaction unless otherwise provided by law.” The litigation concerned a series of promissory notes for purchasing and utilizing equipment in the course of business. The parties agree that this appeal is from a civil action to recover on a commercial transaction. Because Simmons is the prevailing party and there is no dispute that this is a civil action to recover on a commercial transaction, Simmons is awarded attorney fees and costs on appeal.

Section 12-120(3) permits the prevailing party to recover reasonable attorney fees in a civil action based on a contract for services or a commercial transaction, even when the action also involves wage claims; alleging a qualifying contractual relationship can trigger the statute even if no contract liability is ultimately proven.

Litster v. Litster Frost · filed 2024-11-29(3)

Moving forward, we abrogate Hydroblend to the extent it held that attorney fees could not be awarded pursuant to Idaho Code section 12-120(3) in any case involving a wage claim.

Section 12-120(3) allows the prevailing party to recover attorney fees in an action on a qualifying service contract.

Zigmond v. Mort Construction, Inc. · filed 2024-12-03(3)

Monogram also seeks fees pursuant to I.C. § 12-120(3) which provides for an award to the prevailing party in an action on a service contract. As the prevailing party, Monogram is entitled to the recovery of costs and attorney fees pursuant to the statute.

Section 12-120(3) permits prevailing-party attorney fees when a commercial transaction is integral to and forms the basis of a claim, including severable legal work supporting equitable claims, but not when the transaction is merely incidental to a conversion tort.

Genho v. Riverdale Hot Springs, LLC · filed 2024-12-10(3)

Idaho Code section 12-120(3) permits the prevailing party to recover reasonable attorney fees in actions on contracts or “commercial transactions.” I.C. § 12-120(3). “[A]ll transactions except transactions for personal or household purposes” are commercial transactions. Id. ... Despite Riverdale’s assertions, section 12-120(3) applies when a legal part of a commercial transaction is severable from the illegal part. ... Thus, section 12-120(3) may apply even when a contract is implied through equitable doctrines like quantum meruit. ... Applying these authorities to our analysis here, we hold that the district court properly awarded attorney fees on the unjust enrichment and quantum meruit claims. ... Applying the framework we announced in Breckenridge demonstrates the district court erred in awarding attorney fees on the conversion claim.

Section 12-120(3) permits attorney fees only when the matter involves a commercial transaction; a residential home purchase and related breach-of-warranty claim do not qualify.

Rose v. Martino · filed 2025-01-17(3)

The district court did not err when it denied the Martinos’ request for attorney fees under Idaho Code section 12-120(3) because this case does not involve a commercial transaction. ... Given that the matter at issue in this case involved the purchase and sale of a residential home and the Roses’ breach of warranty claim did not relate to a commercial transaction, the district court did not err it declining to award attorney fees under Idaho Code section 12-120(3).

Section 12-120(3) allows a prevailing party to recover attorney fees when a commercial transaction is integral to the claim and is the basis for the recovery sought; a merely tangential connection is insufficient.

Yates v. Hull Farms, Inc. · filed 2025-02-07(3)

There are two steps to determine whether a prevailing party may be awarded attorney fees under I.C. § 12-120(3): (1) there must be a commercial transaction that is integral to the claim; and (2) the commercial transaction must be the basis upon which recovery is sought. ... A claim is based upon a commercial transaction when the commercial transaction constitutes the gravamen of the claim, that is the material or significant part of a grievance or complaint. ... Pursuant to I.C. § 12-120(3), the commercial transaction regarding the sale of the ranch is both integral to the claim and the basis upon which recovery was sought.