Cases: Fee Clause Interpretation

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 […]

Fee Clause Interpretation: 4/3 DCA Reverses $9,000 Fee Recovery Against Estate’s Personal Representative/General Partner Who Was Not A Party To The Agreement With Fees Clause

Cases: Fee Clause Interpretation

Fee Clause Was Also Broad In Scope, But Nonsignatory Individuals Were Not Party To The Underlying Agreement.             In Mayhew Plaza Woodland Hills II, LLC v. Kelsey, Case No. G054435 (4th Dist., Div. 3 Aug. 6, 2018) (unpublished), plaintiff dismissed an individual defendant in his capacity as representative of an estate in an action alleging

Fee Clause Interpretation: Tenant/Assignee Under Lease Properly Awarded Partial Litigation Fees For Winning Contractual And Related Fraud Cross-Claims, But Properly Denied Fees Expended In Prevailing On Common Law Ejectment Cross-Claim

Cases: Fee Clause Interpretation

Lease Agreement At Issue Because Lease Term Had Expired; And, In Any Event, Ejectment Was Tort Claim Not Encompassed Within Narrower Fees Clause.             Compton Commercial Development Renaissance Plaza v. Taco Bell Corp., Case No. B283393 (2d Dist., Div. 4 Aug. 1, 2018) (unpublished) was a case where landlord sued former tenant/assignee Taco Bell for

Fee Clause Interpretation: Joint Tenant Liable For $237,080 In Attorney’s Fees Where Another Joint Tenant Obtained $210,750 In Compensatory Dmgs. To Lease Premises Where Both Parties Signed Lease, And Contribution Rights Were Involved to Landlord

Cases: Fee Clause Interpretation

Narrow Lease Clause Applying Broadly To “Any Party” Encompassed Fee Exposure With Respect To Actions Between Joint Tenants.            Sometimes small words make a difference in the interpretation of the scope of an attorney’s fees provision. In this instance, the words “any party” opened the door to fee exposure in a controversy between joint tenants with

Fee Clause Interpretation: Plaintiff Recovering $1.3M Jury Verdict On Premises Liability Claim Against State Of Cal. Not Entitled To $1.2M In Requested Fees Based On Lease Clause As Claim Did Not Arise “Out Of The Execution Of The [Rental] Agreement”

Cases: Fee Clause Interpretation

Plaintiff Never Mentioned Lease Or Fee Recovery In The Premises Liability Suit Until After The Jury Win, With Appellate Court Agreeing With Trial Court’s Construction Of The Fees Clause.             We get the feeling that the 1/2 DCA in Wright v. State of California, Case No. A150165 (1st Dist., Div. 2 July 27, 2018) (unpublished)

Fee Clause Interpretation, Section 1717, Section 998: Overall Prevailing Party Not Entitled To Atty’s Fees On Contractual Claim Dismissed During Closing Argument, On Noncontractual Claims Under Narrow Fees Clause, Nor § 998 As Gen. Litigation Expenses

Cases: Fee Clause Interpretation, Cases: Section 1717, Cases: Section 998

Result Was Affirmance Of $38,000 Fees Award On One Of Three Cases, But Affirming The Denial Of The Remaining $165,000 Total Request Based On Topical Analysis Above.             Contreras v. Silla America, Inc., Case No. B283118 (2d Dist., Div. 3 July 17, 2018) (unpublished) involved a situation where a trial judge decided that an overall

Deeds Of Trust/Fee Clause Interpretation: Deed Of Trust Fees Clause Was Broadly Worded So As To Entitle Lender To Attorney’s Fees Award Against Borrower

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

$45,263.33 Was The Award After A Dismissal Based On Plaintiff Not Appearing At Trial.             In Kleidman v. RFF Family Partnership, L.P., Case No. B268541 (2d Dist., Div. 4 July 10, 2018) (unpublished), plaintiff failed to appear at a scheduled trial such that his case against a lender was dismissed, a determination affirmed on appeal.

Fee Clause Interpretation: Telephone Leasing Defendant Not Entitled To Fees Against Plaintiff Successor Owners In Declaratory Relief Action Where Fee Clause Only Applied In Lease Between Defendant And Phone Provider

Cases: Fee Clause Interpretation

However, Defense Attorney’s Recordation Of Judgment Abstract Based On Including Fees As Costs Before Fee Motion Was Heard Troubled The Court Of Appeal, Which Ordered The Lien Removed.             In Labertew v. Whiteley, Case No. C077751 (3d Dist. July 10, 2018) (unpublished), plaintiffs, successors to the original owner on land where there was telephone equipment

Deeds Of Trust/Fee Clause Interpretation: Broadly Worded Trust Deed Fees Clause Allowed For Fee Recovery By Lienholder Under Second Loan Based On Both Contract And Tort Theories

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

“To Protect Lien” Under Deed Of Trust Fees Clause Was Viewed As Broad In Ambit.             In Arefi v. JP Morgan Chase Bank, Case No. B263947 (2d Dist., Div. 7 July 2, 2018) (unpublished), a borrower brought various causes of action to set aside/cancel a trustee’s sale, to quiet title, and to obtain recovery under

Fee Clause Interpretation: Fee Recovery To Litigant Prevailing On Cross-Complaint With Mixed Tort/Contract Claims Properly Denied Because Fees Clause Only Related To More Narrow “Account” Issues

Cases: Fee Clause Interpretation

Litigant Failed To Show Fee Entitlement.             Assuming that a fee motion is timely filed, the next big obstacle for a fee claimant is demonstrating – drum roll time! – fee entitlement. That obstacle was not cleared by appellant in Schneider v. Deam, Case No. A150027 (1st Dist., Div. 2 May 29, 2018) (unpublished).            

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