Cases: Fee Clause Interpretation

Arbitraton/Fee Clause Interpretation: Fee Recovery Under Broadly Worded Clause Justified Even Though Contractor Did Not Pursue Arbitration

Cases: Arbitration, Cases: Fee Clause Interpretation

  Failure to File a Motion to Compel Arbitration Was Fatal.      Losers in Duke Kelso Constr. v. Silva, Case No. H036879 (6th Dist. Mar. 26, 2013) (unpublished) must have felt good about their chances on appeal under a broadly worded fees clause, where the winner litigated rather than pursued contractually-mandated arbitration. The problem was […]

Fee Clause Interpretation: “Incorporation By Reference” Of An Exhibit With A Fees Clause Into Contract Gave Rise To Fee Entitlement

Cases: Fee Clause Interpretation

       Demari v. Desert Oasis Mobile Estates, Case No. F064419 (5th Dist. Mar. 19, 2013) (unpublished) was a situation where plaintiff sued defendants for breach of contract and was defensed through a demurrer which was sustained without leave to amend. Then, the lower court granted attorney’s fees in favor of defendants as prevailing parties.

Appealability/Fee Clause Interpretation/Lodestar/Reasonableness Of Fees/SLAPP: Appellate Trifecta On Fee Issues

Cases: Appealability, Cases: Fee Clause Interpretation, Cases: Lodestar, Cases: Reasonableness of Fees, Cases: SLAPP

  Marathon Funding, LLC v. Paramount Pictures, Case No. B240723 (2d Dist., Div. 8 Mar. 4, 2013) (Unpublished).      In this first one, defendant won more than $690,548.90 in posttrial attorney’s fees under an investment agreement providing fees to the winner “in any action, suit, or other proceeding [that] is instituted concerning or arising out

Fee Clause Interpretation/Section 1717: “Action” Language In Written Easement Agreement Fees Clause Encompassed Both The Complaint Or An Answer Raising A Successful Defense

Cases: Fee Clause Interpretation, Cases: Section 1717

  Appellate Court Reverses Fees Denial Order, Siding With Justice Armstrong’s Interpretation of “Action” in Gil.      We now have a split of intermediate appellate thinking on whether “action” encompasses just the complaint or also a “defense” in an answer. Exxess Electronizz v. Heger Realty Corp., 64 Cal.App.4th 698 (1998) and Gil v. Mansano, 121

Fee Clause Interpretation/Section 1717: Third-Party Beneficiaries Win Fee Recovery Under Broadly Worded Prevailing Party Clause

Cases: Fee Clause Interpretation, Cases: Section 1717

  Clause Language and Negotiation of Settlement Demonstrated Prevailing Parties Were Third Party Beneficiaries      In Homeport Ins. Services, Inc. v. Lundy, Case No. B238296 (2d Dist., Div. 7 Jan. 28, 2013) (unpublished), an injured longshoreman settled a worker’s compensation claim against SSA (terminal associated entities) and a personal injury action against City of Long

Fee Clause Interpretation: Broadly Worded Fee Clause Under Joint Venture Agreement Allowed Fee Recovery By Administrator Of Partner’s Estate

Cases: Fee Clause Interpretation

       In Mako Fund, Inc. v. Perrone, Case No. B238048 (2d Dist., Div. 1 Nov. 30, 2012) (unpublished), two litigants sued each other and one obtained a judgment for compensatory damages, punitive damages, costs of suit, and attorney’s fees. After winner found out that loser lacked assets to satisfy the judgment, it moved to

Fee Clause Interpretation: Clause Allowing For Recovery Of “Legal Expenses” Sensibly Encompassed Recovery Of Attorney’s Fees

Cases: Fee Clause Interpretation

  Lower Court Denial Based on Contrary Interpretation Reversed.      The lower court in Dickerson Associates v. ShinYoung 3670, LLC, Case No. B232074 (2d Dist., Div. 2 Nov. 14, 2012) (unpublished) denied an attorney’s fees award to a prevailing party under a contractual fees clause allowing recovery for “legal expenses.” The trial judge apparently believed

Fee Clause Interpretation/Section 1717: Broadly Worded Fee Clauses In Loan Documents And Guaranties Allowed Bank Entitlement To Substantial Fee Recovery

Cases: Fee Clause Interpretation, Cases: Section 1717

  “Touching Upon” Language Found Especially Persuasive.      Case law under Civil Code section 1717 allows for recovery of fees on a contract claim, and is augment by cases applying Code of Civil Procedure section 1021 if the contractual fees clauses are broad enough to encompass tort claims. Bank, a prevailing cross-defendant below on certain

Arbitration/Fee Clause Interpretation/Prevailing Party: Dismissed Arbitration Still Meant Litigant Prevailed, Santisas Notwithstanding

Cases: Arbitration, Cases: Fee Clause Interpretation, Cases: Prevailing Party

  Party Getting Dismissed Arbitration Proceeding Entitled to Fees.      Lakeside Club Villas, Inc. v. LB Property Mgt., Inc., Case No. B236001 (2d Dist., Div. 5 Oct. 16, 2012) (unpublished) is an interesting case showing how the breadth of a fees clause awarding fees/costs in an arbitration will garner a litigant a fee recovery, even

Costs/Fee Clause Interpretation/Section 1717: Quantum Meruit Is Not “On A Contract” Under Section 1717 And Prevailing Attorney Entitled To Routine Costs, But Not Fees Under Ambiguous Fees Clause

Cases: Costs, Cases: Fee Clause Interpretation, Cases: Quantum Meruit, Cases: Section 1717

       In Siciliano v. Singh, Case Nos. E052352/E053582 (4th Dist., Div. 2 Oct. 5, 2012) (unpublished), one attorney won quantum meruit fees based on a voided contingency fee agreement, with both client and attorney seeking recovery of attorney’s fees and costs (even though, ultimately, attorney did beat out–barely–a CCP § 998 offer once routine

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