Also, Mediation and Other Routine Costs Were Justified. Landlord won damages, attorney’s fees, and routine costs against lease assignees in Town Square Properties v. Mansouri, Case No. B236871 (2d Dist., Div. 5 July 15, 2013) (unpublished). The fee award alone was $167,407.55 in favor of landlord, as well as routine costs for mediation […]
Details, Details Tri Valley Land Development, Inc. v. Turner Ranch Family Dairy, Case No. F061515 (5th Dist. Sept. 25, 2012) (unpublished) is a situation where fee exposure turned on whether an assignment of claims was made to a certain cross-defendant. This case carefully tells attorneys to carefully review assignment/lien documents, because the appellate court
Although Controlling the Litigation, Nonsignatory Had No Rights Assigned Under The Fees-Clause Bearing Settlement Agreement. Estate of Bennett, Case Nos. G043050 et al. (4th Dist., Div. 3 Mar. 8, 2011) (unpublished), although a probate action, actually is a Civil Code section 1717 fees clause case, with the fee award affirmed by a 3-0
Assignor Controlling Litigation Should Not Avoid Fee Exposure Via Assignment. Plaintiff owner and his wholly-owned corporation lost a specific performance, rescission, and declaratory relief suit to trustees of a revocable trust after trustees obtained an evidentiary preclusion order upon plaintiffs’ refusal to provide discovery on the “ready, willing, and able” purchaser issue. Then,
Fourth District, Division 3 Remands Fee Recovery Under Unusual Procedural Circumstances. Here is an interesting decision with a procedural twist—with apologies to Chubby Checker (oh, boy, are we dating ourselves). Chubby Checker does the Twist. In Nguyen v. Dang, Case Nos. G041224/G041380 (4th Dist., Div. 3 Mar. 11, 2010) (unpublished), a signatory
Second District, Division 8 Case Illustrates Lesson, Although Finds Trial Court Erred In Not Awarding Routine Costs to Assignee. Because lawsuit claims and judgments are usually considered choses in action, they are generally assignable (except for some personal claims in the real estate, malpractice, and personal injury/likeness misappropriation areas). However, the next case
Second District Affirms Fee Award Against Both Assignor and Assignee Based on California Wholesale and the Assignor’s Surety Status. One of the time-honored principles in assignment law is that assignee’s voluntary acceptance of benefits normally means consent to bear the burdens from the assignment. Civil Code sec. 1589. However, the assignor
