Cases: Fee Clause Interpretation

Fee Clause Interpretation: California Supreme Court Decides That Parties’ Assertion Of An Affirmative Defense Is Not An “Action” Or “Proceeding”

Cases: Fee Clause Interpretation

However, Majority Still Allows Fee Recovery Based On Interrelatedness Of Two Agreements In Overall Action, Although Dissent Finds This Result Unwarranted.             Today, the California Supreme Court came out with an important fee decision in the form of Mountain Air Enterprises, LLC v. Sundowner Towers, LLC, Case No. S223536 (Cal. Supreme Court July 31, 2017) […]

Fee Clause Interpretation: 4/1 DCA Reverses Denial Of Attorney’s Fees Under Binding Letter Of Intent

Cases: Fee Clause Interpretation

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

Fee Clause Interpretation/Section 1717: Prevailing Seller Co-Conspirator Defendant In Real Estate Listing Dispute Properly Awarded Fees Under Broadly Worded Fees Clause

Cases: Fee Clause Interpretation, Cases: Section 1717

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         In Impact Realty, Inc. v. Ortega, Case No. B272040 (2d Dist., Div. 1 June 14, 2017) (unpublished), real estate brokers sued a seller for breach of contract as well as sued a seller and

Fee Clause Interpretation/Section 1717: $1.79 Million Fee Award To Prevailing Defendants Was Excised As A Matter Of Law From Judgment Based On Lack Of Fee Entitlement

Cases: Fee Clause Interpretation, Cases: Section 1717

  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

Deed Of Trust/Fee Clause Interpretation/Section 1717: $14,500 Attorney Fee Recovery In Favor Of Lenders Affirmed On Appeal

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

  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

Fee Clause Interpretation, Homeowner Associations, Section 1717: Large Fee Recovery To Prevailing Defendants In Common Interest Development Parking Space Dispute With Other Homeowners Reversed

Cases: Fee Clause Interpretation, Cases: Homeowner Associations, Cases: Section 1717

  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

Fee Clause Interpretation: Tenant’s Personal Injury Win Did Not Qualify Her For Attorney’s Fees Recovery Under Rental Agreement Or Community Guidelines Addenda

Cases: Fee Clause Interpretation

  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

Fee Clause Interpretation, Prevailing Party, Section 1717, Allocation: Trial Court Erred In Awarding All Defense Fees Against Voluntarily Dismissing Plaintiff Under Santisas, Requiring Remand And Allocation

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

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

Fee Clause Interpretation: Fees Clause Only Allowing For Fee Recovery Only In Arbitrated Matter Did Not Provide Entitlement To A Party Involved In A Judicial Reference Proceeding

Cases: Fee Clause Interpretation

  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

Fee Clause Interpretation/Probate: No Contest Clause In Amended Trust Instrument Did Not Confer Contractual Fee Entitlement Basis

Cases: Fee Clause Interpretation, Cases: Probate

  $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.

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