Cases: Fee Clause Interpretation

Fee Clause Interpretation: Putative Intervenor Denied Leave To Intervene In A Partition Action Was Not Subject To Attorney’s Fees Under Language In A Settlement Agreement Fees Clause

Cases: Fee Clause Interpretation

Putative Intervenor Never Became A Party, And No Assignment Of Rights To Him Was Shown. In Weinsaft v. AMI and Deckel, Case No. B343222 (2d Dist., Div. 4 Oct. 20, 2026) (unpublished), a putative intervenor in a property partition action was denied intervention, which was affirmed in a prior appeal.  Although intervenor attempted to get

Allocation, Fee Clause Interpretation: Seller Prevailing In Buyer Case To Pay Buyer’s Broker’s Commission Was Denied Attorney’s Fees Based On A Narrow Fees Clause

Cases: Allocation, Cases: Fee Clause Interpretation

Prevailing Seller Failed To Apportion Fees On Defending The Compensable Contract Claim, With No Recovery Allowable Under The Non-compensable Tort Claims. This case reinforces the propriety of apportioning fees on compensable contract claims for a prevailing party; after all, this is what the prevailing party can get—not non-compensable work on tort claims where a narrow

Fee Clause Interpretation, Probate, Settlement: Attorney’s Fees Were Assessed Against Trustee Based On Handwritten Settlement Agreement With A Contractual Fees Clause

Cases: Fee Clause Interpretation, Cases: Probate, Cases: Settlement

Both Sides Were Represented By Counsel In The Negotiating and Signing of The Agreement. The Fifth District in Kirkland v. Beeck, Case No. F090251 (5th Dist. Aug. 26, 2026; posted Aug. 27, 2026) (unpublished), was a case involving dueling probate petitions by a trustee/beneficiary and a cousin beneficiary under a trust, with cousin prevailing and being

Allocation, Fee Clause Interpretation, Nonsignatories: $1,062,813.20 Fee Award In Favor Of Corporate Executives And Directors Is Affirmed On Appeal In Contentious Battle Involving Contracts Between Plaintiff And Banc Of California Executives/Directors

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Nonsignatories

Fee Clause Broadly Encompassed Any Dispute Resulting In Litigation, Executives/Directors Were Fee Clause Nonsignatories Entitled To Fees, And No Apportionment Was Needed Given Breadth Of Fees Clause. In Sugarman v. Benett, Case No. B338610 (2d Dist., Div. 8 Aug. 3, 2026) (unpublished), there was contentious, aggressive litigation involving plaintiff and his trust (plaintiff being a

Fee Clause Interpretation, Partition, Section 1717: Denial Of 1717 Fees Reversed; Grant Of Partition Fees Reversed But Without Prejudice To Renew In The Future

Cases: Fee Clause Interpretation, Cases: Partition, Cases: Section 1717

Gives A Potential Litigant Over A Jointly Inherited House A Chance To Obtain Some Trial And Appellate Fees In The Future. Tran v. Tran, Case No. H052186 (6th Dist. July 28, 2026) (unpublished) involved a real dispute between two siblings jointly inheriting a house from their father.  As many cases devolve to, the main clash

Allocation, Fee Clause Interpretation, Section 1717:  Attorney’s Fees Award In Favor Of Non-Signatory, Alter Ego Targets Was Reversed And Remanded

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Section 1717

On Remand, Only Contract Claim Work Could be Awarded, Not On Non-Contract Claims—Lower Court Vested With Discretion To Allocate On Remand. McCain v. Edwards, Case No. C101256 (3d Dist. May 14, 2026) (unpublished) is a very contested case where, eventually, some non-signatory, alter ego targets evaded exposure where the contract between the predicate signatory and

Fee Clause Interpretation, Prevailing Party: Where Defendant Minimally Prevailed On A Declaratory Relief Claim But County Avoided $6 Million Exposure On A Negligent Misrepresentation Count, County Was Entitled To Over $800,000 In Attorney’s Fees And A Little Under $24,000 In Costs Under A Contractual Fee Clause

Cases: Fee Clause Interpretation

Under A Broad Contractual Fees Clause, The Lower Court Can Determine The Prevailing Party—Much To The Chagrin Of A Losing Party. We have posted for years as bloggers.  We are not judges, nor pretend to be.  But we can say certain themes prevail in many cases we have posted on: (1) broad contractual fee clauses

Fee Clause Interpretation, Section 1717: Where A Broad Contractual Fees Clause Governed Any Dispute Between The Parties, Fees For Prevailing On A Successful Forum Selection Motion in California Gave Rise To Fees Under CCP §§ 1021, 1032, And 1033.5

Cases: Fee Clause Interpretation, Cases: Section 1717

Section 1717 Did Not Give Rise To Fees Based Upon DisputeSuite Opinion. This opinion highlights the importance of wording in a fees clause.  Broader language, such as “the prevailing party in any dispute or proceeding arising hereunder shall be entitled to recovery its costs and expenses incurred therein (including reasonable attorneys’ fees and expenses),” can

Fee Clause Interpretation, Settlement: $599,370 Attorney’s Fees Award Under A Settlement Agreement Confirmed Because Challenging Party Waived An Appeal

Cases: Fee Clause Interpretation, Cases: Settlement, Miscellaneous

Case Also Has A Good Discussion Of Trial Court Retention Of Jurisdiction To Enforce A Settlement After The 1993 Amendment To CCP § 664.6. Hutchinson v. Lewis Towing 2, Inc., Case No. F088314 (5th Dist. Jan. 27, 2026) (unpublished) has a good discussion on two issues:  (1) retention of jurisdiction against dismissed defendants under CCP

Fee Clause Interpretation, Nonsignatories, Prevailing Party: Plaintiff Winning Tort Claims, But Losing One Contract Claim Against Some Defendants, Was Not Exposed To Attorney’s Fees By Two Set Of Defendants

Cases: Fee Clause Interpretation, Cases: Nonsignatories, Cases: Prevailing Party

In Fact, Because He Prevailed, Plaintiff Was Entitled To Fees Against One Set Of Defendants, But Not A Nonsignatory Because He Only Brought Tort Claims. Appeals, although the odds are against them, can sometimes result in a reversal of fortune.   That did occur in Moses v. Rok Drinks, Ltd., Case No. B339392 (2d Dist., Div.

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