No Apportionment Required Where Lower Court Could Conclude Efforts Intertwined With Covered Quiet Title Work.
In Hamilton Court, LLC v. East Olympic, L.P., Case No. B253511 (2d Dist., Div. 5 Mar. 12, 2015) (unpublished), defendants won $291,355.62 in attorney’s fees for trial and appellate work arising from a quiet title easement dispute. The losing parties appealed, but to no avail. The purchase agreement fees clause, alone, justified fee recovery, given that it related to an action involving the property “whether founded in tort, contract, or equity”—with the quiet title claim founded in equity. No apportionment was necessary given that fee work on other claims was intertwined with work on the quiet title claim.