Cases: Fee Clause Interpretation

Fee Clause Interpretation, Settlement: No Abuse of Discretion And No Error By Trial Court In Finding The Parties’ Settlement Agreement Valid And In Awarding Attorney Fees Of $83,340.22 To Defendants For Enforcement Of Settlement Agreement

Cases: Fee Clause Interpretation, Cases: Settlement

Plaintiff Hit With Attorney Fees Provision In Valid Settlement Agreement After Unsuccessfully Attempting To Back Out         In Martello v. Buck, Case No. B285001 (2d Dist., Div. 1 March 1, 2019) (unpublished), Plaintiff Doctor sued Defendants Patient husband and his wife for defamation, assault, and intentional infliction of emotional distress after Defendants expressed dissatisfaction with […]

Fee Clause Interpretation: “Arising Out Of This Transaction” Language In Attorney-Client Engagement Letter Is Broad Enough To Allow Fee Recovery For Legal Malpractice And Contract Win By Former Law Firm Against Suing Former Client

Cases: Fee Clause Interpretation

Failure To Specify To Whom Fees Were Paid Was Not Fatal Either.             In Juarez v. Law Firm of Higbee & Associates, Case No. G054016 (4th Dist., Div. 3 Feb. 28, 2019) (unpublished), former law firm won a summary judgment against a former client who sued for legal malpractice and breach of the engagement contract

Fee Clause Interpretation, Mediation: $331,385 Contractual Fee Award Affirmed Because Absence Of Parol Evidence Did Not Show Fees Clause In One Contract Had A Mediation Condition Precedent

Cases: Fee Clause Interpretation, Cases: Mediation

Absence Of Parol Evidence/Reporter’s Transcript Sealed The Result.             If you are going to argue that a fees clause in one contract also governs another contract between different parties, you better introduce parol evidence to prove it. The loser in a fee battle did not do that in Morales v. Thee Aguila, Inc., Case No.

Fee Clause Interpretation, Section 1717: Defendant Prevailing In Easement Dispute Was Entitled To Contractual Fee Award

Cases: Fee Clause Interpretation, Cases: Section 1717

Easement Agreement Fees Clause Was Broad Enough To Allow For Fee Entitlement.             In Stark v. Ortiz, Case No. A153680 (1st Dist., Div. 5 Jan. 24, 2019) (unpublished), defendant won contractual fees in a neighboring landowner easement dispute against a plaintiff. The parties had an Easement Agreement with a fees clause encompassing “any legal action

Fee Clause Interpretation, Prevailing Party: $53,791.79 Fees/Costs Award To Tenant And Against Landlord Affirmed On Appeal

Cases: Fee Clause Interpretation, Cases: Prevailing Party

Fee Clause “Any Right” Language Allowed Tenant To Recover For Landlord’s Misrepresentations.             Zhang v. Cheung, Case No. B282132 (2d Dist., Div. 7 Jan. 16, 2019) (unpublished) involved a situation where a landlord won only $16,200 in damages for breach of a lease, while tenant won $30,078.85 in damages from landlord for intentional misrepresentation and

Fee Clause Interpretation, Family Law: Husband’s Fees In Defeating Wife’s Orange County Action, Although Stipulated Judgment Entered In Los Angeles Family Law Court, Was Allowable Under Wording Of Stipulated Judgment Fees Clause

Cases: Family Law, Cases: Fee Clause Interpretation

“Court Intervention” Language Not Limited To Just One Court, 2/1 DCA Concludes.             In Pont v. Pont, Case No. B284064 (2d Dist., Div. 1 Dec. 20, 2018) (unpublished), ex-husband was awarded $90,000 in attorney’s fees and costs for defeating ex-wife’s claim that he siphoned off community assets in an Orange County action, after the parties

Fee Clause Interpretation: Broad Settlement Agreement Fees Clause Allowed For Recovery Of Fees In Fraudulent Stripping Of Assets Case

Cases: Fee Clause Interpretation

$188,000, After About $86,000 Reduction, Was The Sustained Fee Award.             In Langer’s Delicatessen, Inc. v. Sino Enterprises, Inc., Case No. B287333 (2d Dist., Div. 4 Nov. 28, 2018) (unpublished), plaintiff won an action for fraudulent stripping of assets by a defendant based on a prior judgment and a settlement agreement. The settlement agreement had

Fee Clause Interpretation, Reasonableness Of Fees: Appellant’s Failure To Discuss Fee Clause Entitlement Under Note Fees Clause And Failure To Provide Reporter’s Transcript (RT) Of Fee Hearing Doomed Merits Of Her Appeal

Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees

Absence Of RT Can Be Fatal Indeed, Meaning Inadequate Record On Appeal.             Appellants need to address legal fee entitlement bases and provide a reporter’s transcript of a fee hearing when challenges are made to either the merits or the amount of fees awarded. We have posted many times about how appellate courts will rebuff

Fee Clause Interpretation: $178,255 Fee Award Against Guarantor Reversed As A Matter Of Law

Cases: Fee Clause Interpretation

Reason Was That Guarantor Guaranteed Orally, Not Assuming The Fee Clause Liability Under The Guaranteed Note With A Written Fees Clause.             In Khodagulyan v. Aminpour, Case No. B270330 (2d Dist., Div. 3 Sept. 6, 2018) (unpublished), a cross-complainant was found to be a prevailing party because he had incurred attorney’s fees to collect on

Deed Of Trust, Fee Clause Interpretation: Deed Of Trust Fees Clause Did Not Justify Recovery To Successful Litigant Really Suing For Real Estate Option To Purchase Agreement Lacking A Fees Clause

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

Deed Of Trust Fees Clause Was Not Broad Enough To Encompass Real Estate Option Dispute.             We have somewhat, on a syllogistic basis, indicated how one can achieve success on a fee petition in past posts—and we may give more clues to follow in future posts. However, the first element is FEE ENTITLEMENT. You need

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