Given That Plaintiffs Did Not Challenge Reasonableness Of Requested Fees, Judgment Modified To Allow Defendants Over $2.45 Million In Fees/Costs. We have posted on a lot of cases about reversal of fortunes, and the next one is one of them. It may counsel that litigants need to oppose both fee entitlement and reasonableness of […]
Section 1717 Reciprocity Principles Applied. Charlie Price Realtor donkey statue, Routes 62 & 82. John Margolies, photographer. 1993. Library of Congress. In Impact Realty, Inc. v. Ortega, Case No. B272040 (2d Dist., Div. 1 June 14, 2017) (unpublished), real estate brokers sued a seller for breach of contract as well as sued a seller and
Plaintiff Sued On An Oral Agreement Which Was Not Within The Scope Of Stock Purchase Agreement Fee Clause Relied On By The Defense. Fee entitlement is a basic issue, often tethered to whether a fees clause in a written contract covers the claims at issue in a complaint or cross-complaint. If it
Plaintiff’s Claims Implicated Contract Based Claims And Broadly Worded Fees Clauses In DOT Covered Tort Claims Also. In Kalnoki v. First American Trustee Servicing Solutions, LLC, Case No. C073207 (3d Dist. Feb. 1, 2017) (partial published; fee discussion unpublished), plaintiff lost wrongful foreclosure-related claims against a lender’s assignee/successor, with the trial judge awarding
Only Time Finite Fees On Trespass Claim Recoverable Under HOA Fee-Shifting Statute. In Hussein v. Driver, Case Nos. A144786/A145655 (1st Dist., Div. 4 Jan. 27, 2017) (unpublished), plaintiffs and defendants, homeowners in a common interest development as well as the parents of defendants, were drawn into a parking space dispute where slander of
Result Might Have Been Different If Clause Said “Arising Out Of Agreement Or Tenancy.” Ramos v. Bay Breeze #60 , Case No. D069175 (4th Dist., Div. 1 Jan. 17, 2017) (unpublished) is a good reminder about how the specific wording of a contractual fees clause may be dispositive on whether fee entitlement exists
However, Prevailing Defense Was Entitled To Fees For Tort Claim Work Given Breadth Of Contractual Fees Clause. A trial judge in Khan v. Shim, Case No. H041608 (6th Dist. Dec. 29, 2016) (published) granted the prevailing defense all fees for defensive work incurred in defending against a complaint containing both contractual and tort claims following
Lack Of Fee Entitlement Was Clear. In Davis v. The J. Hartman Co., Case No. G051648 (4th Dist., Div. 3 Nov. 28, 2016) (unpublished), a fees clause in a real estate independent contractor consulting agreement provided that a judge or arbitrator in an arbitration had to award reasonable attorney’s fees to the prevailing
$26,630 Fee Award Reversed On Appeal. A fertile ground for an appeal in the fee area is that the pertinent attorney’s fees clause simply does not allow for a fee recovery based on its wording where parol evidence is not introduced (and it rarely is in fee disputes). Kiwata v. Kiwata, Case Nos.
Elephant Tramping Grass Language By Some Parties On Appeal Caught Attention Of Reviewing Court. 1921. Library of Congress. Hammer Lane R.V. Ministorage v. Scofield, Case No. C074606 (3d Dist. Oct. 27, 2016) (unpublished) is an opinion which began this way: “Defendant Sharon Scofield, as Trustee of the Sharon Scofield Family Trust (Scofield),
