Shows How Fee Motions Can Be Mini-Trials On Interpretation Of Fee Clauses.
In Preservation, Finance, Rehabilitation & Development, LP v. Associated Financial Corp., Case No. B325694 (2d Dist., Div. 4 Aug. 13, 2024) (unpublished), defendant won a bench trial in a complex loan transaction case, with the lower court awarding defendant prevailing party fees of $1,371,017 (out of a requested $1,414,748) under a fee clause contained in an options agreement. The 2/4 DCA affirmed, agreeing with the trial judge that it was necessary to engage in contractual interpretation to see if the option agreement was in play. It was, and operative broad fees clause was inclusive to cover the option dispute.