Cross-Claims Did Not Implicate Escrow Agreement Fees Clause. Mills Potoczak & Co. v. Habersham Funding LLC, Case No. C074955 (3d Dist. June 1, 2015) (unpublished) dealt with a fee-shifting clause in an escrow agreement by which a victor on certain tort cross-claims, serving as escrow agent, tried to get an appellate court to […]
Individual Parties Were Only Secondarily Linked To LLC Members. In Lintz v. Blue Goose Development, Case No. G048325 (4th Dist., Div. 3 Apr. 24, 2015) (unpublished), a lower court denied an attorney’s fees request brought against two individually sued parties under an LLC operating agreement fees clause, which provided: “In the event that
Clause Was Broad, No Apportionment Necessary For Jointly Represented Co-Defendant, And Awarded Fees Were Reasonable. In Ocean View Resort Partnership v. Solanki, Case No. G048728 (4th Dist., Div. 3 April 2, 2015) (unpublished), plaintiff landlord lost a conventional lawsuit (not unlawful detainer) against defendant tenant based on certain tort claims, with the trial
No Arbitration, No Basis For Fees. Plaintiff’s complaint in a court case was dismissed with prejudice based on the sustaining of a demurrer to a second amended complaint. Defendant LLC in Axten v. John Foster, LLC, Case No. G049665 (4th Dist., Div. 3 Mar. 25, 2015) (unpublished) then moved for contractual fee recovery
No Clear Winner Emerged In This One. Where litigants in a case involving both a complaint and cross-complaint win only some claims (but with a broad rental agreement fees clause), the trial judge has discretion to determine whether any side “prevailed” based on a pragmatic inquiry. In Barrera v. Jensen, Case Nos. A136322/A137418
No Apportionment Required Where Lower Court Could Conclude Efforts Intertwined With Covered Quiet Title Work. In Hamilton Court, LLC v. East Olympic, L.P., Case No. B253511 (2d Dist., Div. 5 Mar. 12, 2015) (unpublished), defendants won $291,355.62 in attorney’s fees for trial and appellate work arising from a quiet title easement dispute. The
The Other Agreement Might Have Provided Fee Entitlement, But Tenants Did Not Rely On That Agreement On Appeal, Choosing Unoperative Agreement Instead. The lesson to be learned from Rodriguez v. The Condon Group LLC, Case No. G049245 (4th Dist., Div. 3 Feb. 27, 2015) (unpublished), a 3-0 decision authored by Presiding Justice O’Leary,
Trial Court’s Denial of Fees Reversed. Plaintiff was a tenant in a manufactured home park, falling while walking across a common area lawn. Plaintiff brought a premises liability suit against landlord, garnering a $311,899.67 damages award. However, the trial court denied plaintiff’s fee request. That was reversed on appeal in
Reynolds Metal Drove the Reversal. Cooley Constr., Inc. v. Matthews, Case No. G050422 (4th Dist., Div. 3 Feb. 24, 2015) (unpublished) was a situation where an alter ego defendant prevailed against a plaintiff in a construction payment dispute, which had two fees clauses—one specifying no fees for construction disputes and another allowing recovery
Olio Of Fees/Costs Issues Confronted By 4/1 DCA In Unpublished Decision. About olio: Is there that o’re his French ragout Or olio that wad staw a sow, Or fricassee wad mak her spew Wi’ perfect scunner, Looks down wi’ sneering, scornfu’ view On sic a dinner? — Robert Burns Cosco Fire Protection,
