Cases: Fee Clause Interpretation

Deadlines/Fee Clause Interpretation/Prevailing Party/Reasonableness Of Fees: Reciprocal Easements Agreement With Broad Fees Clause Justifies Fully Requested Fee Award Of $82,145.50

Cases: Deadlines, Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Reasonableness of Fees

  Timeliness, Nonsignatory, Prevailing Party, and Reasonableness Arguments All Rejected on Appeal.      Jones v. Ju, Case No. E053266 (4th Dist., Div. 2 Sept. 7, 2012) (unpublished) involved a real property successor owner who knew about a reciprocal easements agreement but forced one of the adjoining owners to get a declaratory relief judgment on its […]

Indemnity/Interpretation Of Fees Clauses: Denial Of Fee Recovery To Title Company’s Assignee Was Proper Because Dispute Did Not Involve Escrow Dispute

Cases: Fee Clause Interpretation, Cases: Indemnity

       Title company assigns its rights to collect attorney’s fees to two assignees based upon a provision indemnifying it as an escrow holder, inclusive of reasonable attorney’s fees and costs. The lower court denied the assignees’ fee request, determining that the facial language in the indemnification clause did not apply because a prior case

Fee Clause Interpretation/Section 1717: Broadly Worded Fee Clauses In Note And Deed Of Trust Meant Former Conservator’s Win Against Lender Resulted In Substantial Fee Award

Cases: Fee Clause Interpretation, Cases: Section 1717

  To the Victor, $233,33.75 in Fees, and Lender’s Appeal Did Not Upset Things.     “To the victor belong the spoils.”  Puck.  1914.  Library of Congress.       Lane v. U.S. Bank National Assn., Case Nos. A131087/A132432 (1st Dist., Div. 1 Aug. 28, 2012) (unpublished) is a good case for any practitioners needing a discussion of

Fee Clause Interpretation/SLAPP/Sanctions: 25% Contractual Fee Recovery-Capped Clause For Prosecuting Activities Held Not To Apply To Defense Activities

Cases: Fee Clause Interpretation, Cases: Sanctions, Cases: SLAPP

  Also, Sanctions Against Attorney Upheld Under CCP § 128.7, But Not SLAPP Statute.      ASAP Copy and Print v. Ringgold, Case Nos. B224295/B225702 (2d Dist., Div. 7 June 4, 2012) (unpublished) was an incredible donnybrook over a fairly minor dispute involving a photocopier lease/maintenance agreement. The amount of time, trouble, and fees that is

Deeds Of Trust/Fee Clause Interpretation/Section 1717: Prevailing Lender Either Did Make Sufficient Demand For Payment Of Fees/Costs Or Demand Requirement Excused

Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: Section 1717

  $101,380 Fee Award Affirmed in Case Where $220,978.34 Monetary Judgment Was Entered Earlier.      Defendant borrowers lost a judicial foreclosure proceeding, an equitable claim that was bifurcated and heard first by the trial court, to the tune of $220,978.34, plus attorney’s fees and costs based on fee clauses in the operative loan documents. Later,

Allocation/Fee Clause Interpretation/Section 1717/Reasonableness Of Fees: $158,000 Fee Award Is Result To Winning Defendants In Cremation Intermingling Dispute

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

  No Apportionment of Fee Work Required Where Both Contract and Tort Claims Encompassed Within a Broad Fees Clause.      Above:  Beware the Jabberwock, my son!  Sir John Tenniel, illustrator.       Beware of the broadly worded fee clause, because it likely will give rise to fee entitlement no matter whether contract or tort theories are

Fees Clause Interpretation/Indemnity: Toro Enterprises Decision Now Published

Cases: Fee Clause Interpretation, Cases: Indemnity

       In our April 11, 2011 post, we discussed Toro Enterprises, Inc. v. Pavement Recycling Systems, Inc., a Second District, Division 6 unpublished decision in which a subcontractor recovered attorney’s fees against a general contractor under a broadly-worded fee clauses relating to “dispute resolution.” We can now report that this decision was certified for

Fee Clause Interpretation: Subcontractor Defeating General Contractor’s Cross-Defense Entitled To Fee Recovery Under Broadly Worded Fee Clause

Cases: Fee Clause Interpretation

  Subcontractor Prevailed, With Dismissal of Protective Cross-Complaint Being Inconsequential.      The Second District, Division 6, in Toro Enterprises v. Pavement Recycling, Case No. B234627 (2d Dist., Div. 6 Apr. 9, 2012) (unpublished), reversed a trial court’s denial of an attorney’s fees award to a subcontractor which defensed general contractor’s cross-complaint against it on summary

Fee Clause Interpretation: Broad Fees Clause In LLC Documents Did Allow For Fee Recovery

Cases: Fee Clause Interpretation

  $214,189.50 Fee Award and $10,450.33 In Costs Was the Final Tally.      For whatever it is worth, transactional attorneys drafting California limited liability company documents seems to include very broadly worded attorney’s fees clauses–covering “any dispute” or “any action at law, suit in equity or arbitration proceeding relating to this Agreement.” Well, good for

Interpretation of Fee Clauses/POOF!/Section 998: Winning Creditor Obtained $210,000 Fee/Expert Fee Award After Beating Main Defendant’s 998

Cases: Fee Clause Interpretation, Cases: POOF!, Cases: Section 998

  Court Reminds Us About Right 998 Calculus, Sustains Broad Fees Clause Applying To Torts, And POOF!s Another Substantial Fee Award To Another Defendant After Reversing A Without Leave Demurrer.      This next case is amazing in demonstrating how a relatively small loan of $100,000 can result in lots of attorney’s fees/expert fee recoupment to

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