Cases: Fee Clause Interpretation

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     In Davis v. The J. Hartman Co., Case No. G051648 (4th Dist., Div. 3 Nov. 28, 2016) (unpublished), a fees clause in a real estate independent contractor consulting agreement provided that a judge or arbitrator in an arbitration had to award reasonable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.

Fee Clause Interpretation: Hefty Fee Award To Winning Controlling Partners In LLC Declaratory Relief Dispute Affirmed On Appeal

Cases: Fee Clause Interpretation

  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 Oct. 27, 2016) (unpublished) is an opinion which began this way:     “Defendant Sharon Scofield, as Trustee of the Sharon Scofield Family Trust (Scofield),

Fee Clause Interpretation/Section 1717: Nonsignatory Defendant Granted Vacation Of Default Judgment 22 Years Later Not Entitled To Fee Recovery Under Contractual Clauses Of Purchase Agreement And Promissory Note

Cases: Fee Clause Interpretation, Cases: Section 1717

  Court Of Appeal Determines Neither Narrow Clauses Nor Tort Claims Triggered Fee Entitlement.     In the area of fee recovery, a claimant must show fee entitlement, which generally focuses on a precise analysis of the fee clause wording and the claims upon which fees are sought.  The 2/1 DCA decided that a nonsignatory defendant

Fee Clause Interpretation, Retainer Agreements: Broad Retainer Attorney’s Fees Clause Encompassing “Any Dispute” Allowed For Fee Recovery In Legal Malpractice Action

Cases: Fee Clause Interpretation, Cases: Retainer Agreements

  Action Sounded In Both Contract And Tort, So Recovery Allowed.     In GoTek Energy, Inc. v. SoCal IP Law Group, LLP, Case No. B266681 (2d Dist., Div. 6 Oct. 12, 2016) (published), an initial law firm providing patent application work for a client beat back a legal malpractice action based on the governing statute

Fee Clause Interpretation/Paralegals: Broad Fees Clause Justified $93,200 Fee Award, Inclusive Of Work By Paralegals

Cases: Fee Clause Interpretation, Cases: Paralegal Time

  Paralegals, Even Uncertificated Ones, Are Compensable In Fee Proceedings.      The Fourth District, Division 3, in Alcone v. SLV Associates, LLC, Case No. G051813 (4th Dist., Div. 3 Aug. 30, 2016) (unpublished), dealt with a trustee under a lease who prevailed where there was a broad “arising out of lease” fees clause. Trustee then

Fee Clause Interpretation: Defendant Developer Winning Summary Judgment Correctly Denied Fee Recovery

Cases: Fee Clause Interpretation

  Reason Was That Defense Involving A Contractual Lease Did Not Fall Within “Action” Language Of The Fees Clause.      Although this decision in unpublished, the Second District, Division Two has weighed in on an issue pending before the California Supreme Court in the Mountain Air case, namely, whether developer’s successful invocation of a settlement

Fee Clause Interpretation, Prevailing Party, Section 1717: There Can Be Two Prevailing Parties For Fee Recovery Purposes

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

One Can Recover Under Section 1717 And The Other Side Can Recover Based On Fees Clause Breadth Under Civil Code Section 1021.          Stadium Promenade, LLC v. Auld Irisher, Orange, LLC, Case No. G051513 (4th Dist., Div. 3 July 15, 2016) (unpublished) is a case which illustrates that both sides in a case can

Deed Of Trust/Fee Clause Interpretation: Where Junior Lienholder Paid Off And Extinguished Senior Secured Debt, Senior Lender Prevailing In Post-Payoff Action Not Entitled To Recoup Attorney’s Fees

Cases: Deeds of Trust, Cases: Fee Clause Interpretation

  DOT Fee Provision Was Specific, Not Allowing For Fee Recovery Under The Circumstances.      The next case should be of interest to real estate secured lender attorneys, counseling on what they may need to do in certain payoff/junior lienholder foreclosure situations. It also may counsel some changes to the standard deed of trust instruments

Fee Clause Interpretation, Reasonableness Of Fees, Section 1717: $239K Fee Recovery Under Broad Contractual Fees Clause Sustained, Except For $4.4K Modification Beyond Prevailing Party’s Request Which Was Deleted On Appeal

Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees, Cases: Section 1717

  Technical Challenges To Fee Award Did Not Work.     In Vilela v. Rodriguez, Case No. B262442 (2d Dist., Div. 6 June 22, 2016) (unpublished), plaintiff lost a case against various defendants on both torts and a declaratory relief count, with a fees clause in a subscription agreement broadly covering fees “in defending against an

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