Interpretation Of Fee Clauses: Settlement Agreement Plus Integrated Other Documents With Fees Clauses Establish Fee Entitlement

 

Integration Doctrine Sustained Fee Award.

     Wyatt v. Wyatt, Case No. D058493 (4th Dist., Div. 1 Mar. 6, 2012) (unpublished)–yep, today we have a lot of family dispute cases, with this one being between mother and son over mother’s house–resulted in an attorney’s fees award under a settlement agreement in favor of mom and against son.

     The fee award (the amount of which is not specified and was not challenged on appeal) was sustained.

     Reason? Even though the settlement agreement between the parties had no per se attorney’s fees clause, the note, mortgage and agreement of sale–which did have such clauses–were part of the same transaction such that the integration doctrine came–as Mighty Mouse was prone to say—”to save the day.”

 

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