Cases: Fee Clause Interpretation

Fee Clause Interpretation:  Trial Judge’s Award Of Fees Based On Promissory Note Fees Clause Was Erroneous

Cases: Fee Clause Interpretation, Cases: POOF!

$53,637 Contractual Fees Award Went POOF! On Appeal.             In Clark v. Delay, Case No. D072856 (4th Dist., Div. 1 Jan. 19, 2018) (unpublished), plaintiff filed suit over a partnership dissolution dispute mainly involving the claim that plaintiff did not get insurance proceeds under a buy-sell type of alleged oral arrangement.  Among other documents, there […]

Fee Clause Interpretation:  Fee Clauses Only Allowing Recovery For Arbitration Related Work Did Not Give Entitlement To Fees For Trial Work Only

Cases: Fee Clause Interpretation

Fee Clause Was Unambiguous In Nature.             After a lot of trial activity (including fraud claims adjudicated against a defendant in a bench trial), the successful plaintiff obtained an attorney’s fees award based on an LLC operating agreement provision allowing for fees limited to “reimbursement of attorney fees, costs and expenses incurred in connection with

Construction/Fee Clause Interpretation/Section 1717:  Fees Clause In Masonry Subcontractor-Material Supplier Contract Did Not Trigger Third Party Beneficiary Exposure Against Real Property Owners Who Did Not Prevail Against Material Supplier

Cases: Construction, Cases: Fee Clause Interpretation

Specific Breadth Of Clause Was Dispositive.             Prince v. Thompson Building Materials, Case No. B280813 (2d Dist., Div. 2 Jan. 9, 2018) (unpublished) involved a situation where real property owners sued a material supplier to enforce contractual warranties under a third-party beneficiary against their masonry subcontractor.  Ultimately, owners lost and material supplier sought to recoup

Fee Clause Interpretation:  Narrow LP Agreement Fee Clause Did Not Allow For Tort Recovery Against Unsuccessful Investor Plaintiff

Cases: Fee Clause Interpretation

$657,000 Fee Award For Defense In Investment Dispute Went Away Based On Interpretation Of Fees Clause.              As we have posted many time under our category “Fee Clause Interpretation,” a fees clause in many an agreement may require an appellate court to reverse a significant fee recovery where the clause in narrow in scope.            

Deeds Of Trust, Fee Clause Interpretation, Section 1717:  Attorney’s Fee Recovery Not Available To Lenders/Affiliates Based On Vague Provisions In Note And Deed Of Trust

Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: Section 1717

Decision Should Have Lenders Look At Lending Paperwork To Make Sure There Is A True “Prevailing Party” Clause.             In Luca v. Deutsche Bank National Trust Co., Case No. G053408 (4th Dist., Div. 3 Jan. 5, 2018) (unpublished), borrowers lost a lawsuit attempting to void the promissory note and deed of trust against lenders/affiliates based

Appealability, Equity, Fee Clause Interpretation:  Four California Intermediate Appellate Courts Address Diverse Attorney’s Fees Issues

Cases: Appealability, Cases: Equity, Cases: Fee Clause Interpretation

Galindo v. Polakoff, Case No. D071555 (4th Dist., Div. 1 Nov. 29, 2017) (Unpublished)—Equity/Offsets.             In this one, the Court of Appeal affirmed an offset determination by the trial judge where it did grant fees to one party prevailing but even after an offset conclusion was reached.  Must reading for practitioners facing offset issues under

Fee Clause Interpretation/Section 1717:  Significant Fee Awards Affirmed In Favor Of Lenders And Prevailing Party In Easement Dispute

Cases: Fee Clause Interpretation, Cases: Section 1717

Courts Focused On Plain Meaning Of Fee Clauses, Primarily. Lawson v. Cal Western Reconveyance Corp., Case No. A142956 (1st Dist., Div. 4 Nov. 20, 2017) (Unpublished).             Here, after two banks prevailed in a nonjudicial foreclosure challenge by borrowers, the trial judge awarded both $ 137,150 in attorney’s fees under note and trust deed fee

Fee Clause Interpretation/Settlement:  Settlement Agreement’s Carve-Out Language And Broad “Related To” Language Allowed For Fee Recovery In General Contractor – Subcontractor Dispute

Cases: Fee Clause Interpretation, Cases: Settlement

  Need For Precise Draftsmanship Demonstrated By This Case.             In Global Modular, Inc. v. Kadena Pacific, Inc., Case No. E063551 (4th Dist., Div. 2 Sept. 8, 2017) (published), general contractor, subcontractor, and subcontractor’s general liability carrier were drawn into a dispute about water damage to a construction site.  A partial settlement was reached by

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

Deadlines, Fee Clause Interpretation, Reasonableness Of Fees:  $210,000 Contractual Fees Award Affirmed On Appeal In Contentious Foreclosure/Eviction Case  

Cases: Deadlines, Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees

  Technical Challenges Are Rejected At Appellate Level.             In Coastline RE Holdings Corp. v. Brillouet, Case No. B282382 (2d Dist., Div. 6 Aug. 24, 2017) (unpublished), owners/residential borrowers had their house foreclosed (after quitclaiming the property to various entities and filing bankruptcies which were dismissed) and then lost an eviction action by the buyer

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