Cases: Assignment

Assignment, Fee Clause Interpretation: Escrow Company Incorrectly Denied Prevailing Party Attorney’s Fees In Real Estate Against Buyer’s Assignee, But No Fee Award Was Proper Against Assignor

Cases: Assignment, Cases: Fee Clause Interpretation

Remand Was In Order For Fee Determination Against Buyer’s Assignee Vis-a-Viz The Escrow Company.             In Sushi KJ Corp. v. Hana Escrow Co., Inc., Case No. B325421 (2d Dist., Div. 2 Aug. 24, 2023) (unpublished), a buyer—an assignee of the buyer’s predecessor in interest–sued an escrow company for negligent misrepresentations arising out of a seller’s […]

Assignment: Third District Affirms Refusal To Award Attorney’s Fees Given Inadequate Proof That A Lease With A Fees Clause Was Assigned

Cases: Assignment

This One Counsels Transactional Lawyers To Make Sure Express Assignments Are Inked.             In Orozco v. Conrad, Case No. C086667 (3d Dist. July 14, 2020) (unpublished), plaintiff obtained a compensatory and punitive damages verdict from a jury, with the trial court reducing damages for multiple reasons.  The lower court then denied both parties’ fee requests

Assignment, POOF!, Section 1717: Plaintiff’s $169,534.60 Fees Award Goes POOF! On Appeal

Cases: Assignment, Cases: POOF!, Cases: Section 1717

Although The Dispute Concerned Contractual Rights, The Contractual Attorney Fees Provision Relied Upon In Issuing Award Did Not Apply Because There Was No Breach Of Contract.             In McAlister Investments, Inc. v. Thomas, Case No. G056330 (4th Dist., Div. 3 Sept. 30, 2019) (unpublished), neighboring land owners got into a dispute pertaining to a

Assignment, Prevailing Party, Reasonableness of Fees: No Abuse Of Discretion In Awarding Prevailing Defendant $92,155 After Reasonableness Reduction.

Cases: Assignment, Cases: Prevailing Party, Cases: Reasonableness of Fees

It Was Not Necessary For Court To Apportion Fees Between Contract-Based Causes Of Action, Claims Dismissed Before Trial, Defense of Defendant Corporation, and Defense of Corporation’s CEO Because Plaintiff’s Causes Of Action All Stemmed From A Common Factual Core, And All Claims Against CEO Were Also Alleged Against Entity.         In Grant v. AssistMed, Inc.,

Assignment, Interpleader: Law Firm Loses Its First Priority Position For Failing To Perfect Security Interest In Assignment, And Gets The Privilege Of Paying Interpleader Plaintiff’s Attorney’s Fees To Boot

Cases: Assignment, Cases: Interpleader

Code of Civil Procedure Section 697.590 governed this one.         MDQ, LLC v. Gilbert, Kelly, Crowley & Jennett LLP, Case No. B283025 (2d Dist., Div. 8 February 27, 2019) (published) provides a valuable lesson in the importance of perfecting assigned security interests through the filing of a financing statement pursuant to Division 9

Assignment, Deed Of Trust, Fee Clause Interpretation:  Defendant Lender Entitled To Fee Award Under Deed Of Trust Fees Clause For Winning Conversion Claim Against Plaintiff’s Assignee

Cases: Assignment, Cases: Deeds of Trust, Cases: Fee Clause Interpretation

Fees Clause Was Broad Enough To Encompass Conversion Claim And Assignees Were “On The Hook.”             In Sanchez v. El Monte Investments, LLC, Case No. B276423 (2d Dist., Div. 5 Mar. 27, 2018) (unpublished), former property owner sued her lender for conversion of certain insurance proceeds retained by the lender after fire damage to the

Assignment/Fee Clause Interpretation/Section 1717:  Bankruptcy Trustee’s Assignment Of Sublease Rights Invoked Fee Clauses To Prevailing Party

Cases: Assignment, Cases: Fee Clause Interpretation

Landlord Did Prevail, Entitled To Fee Recovery Based On Breadth Of Fees Clause.             Bush-Grant, LLC v. Hotel Astoria, Inc., Case No. A147456 (1st Dist., Div. 4 Aug. 29, 2017) (unpublished) demonstrates how a tort claim can still be compensable under a broad fees clause, even if Civil Code section 1717 is inapplicable because the

Assignment: Can A Guarantor Of Attorney’s Fees Defend Against Fee Recovery Based On Malpractice Claim Of Obligor/Client Without Client Involvement?

Cases: Assignment

  No California Case Directly On Point, But Two Out-Of-State Cases Suggest “No.”       Can a guarantor of a client’s fee obligation to client’s attorney sue the attorney for malpractice if the client does not somehow participate or intervene? Although there is no California case on the subject to our knowledge, two out-of-state decisions suggest

Assignment: Recent DCA Decision Reminds Us That Assignees Impliedly Accept Benefits/Burden Of Transaction With Fees Clause—Including Fee Exposure

Cases: Assignment

  Plus, Great Quote On Appellate Advocacy … Ostrich Beware!    Oliver W., the famous trotting ostrich.  Circa 1903.  Library of Congress.      Although involving interesting amended judgment and litigation successor issues, Hearn Pacific Corp. v. Second Generation Roofing, Inc., Case No. A142203 (1st Dist., Div. 2 May 2, 2016) (published) reminds everyone that that

Assignment/Judgment Enforcement: Lower Court’s Denial Of Judgment Debtor Assignee’s Request As Assigned Judgment Creditor To Include Fees/Costs In California Judgment Based On Sister State Judgment Was Erroneous

Cases: Assignment, Cases: Judgment Enforcement

  Also Error To Not Order Contribution By Co-Judgment Debtors To Fee/Costs Component Of Judgment.     In LSREF2 APEX3, LLC v. Nomicos, Case No. G050175 (4th Dist., Div. 3 Aug. 19, 2015) (unpublished), one judgment debtor (who was jointly/severally liable and owned 10% of the property involved in the dispute) paid off a Colorado judgment

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