Cases: Fee Clause Interpretation

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      Lakeside Club Villas, Inc. v. LB Property Mgt., Inc., Case No. B236001 (2d Dist., Div. 5 Oct. 16, 2012) (unpublished) is an interesting case showing how the breadth of a fees clause awarding fees/costs in an arbitration will garner a litigant a fee recovery, even […]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 E052352/E053582 (4th Dist., Div. 2 Oct. 5, 2012) (unpublished), one attorney won quantum meruit fees based on a voided contingency fee agreement, with both client and attorney seeking recovery of attorney’s fees and costs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

Attorney’s Fees Trifecta: Fee Clause Interpretation, Family Law Child Order Fees, And SLAPP Fees Dominate In Trio Of Unpublished Decisions

Cases: Family Law, Cases: Fee Clause Interpretation, Cases: SLAPP

  Mossman v. Naranjo, Case No. D059054 (4th Dist., Div. 1 Sept. 18, 2012) (Unpublished)–CAR Form Real Estate Contract Covers Fees Won For Real Property Nondisclosure Claims.      Plaintiffs/buyers won fraud-based claims for property nondisclosures from defendants/sellers, but defendants won the contract based claim. The lower court denied fees to both parties, finding no prevailing

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      Jones v. Ju, Case No. E053266 (4th Dist., Div. 2 Sept. 7, 2012) (unpublished) involved a real property successor owner who knew about a reciprocal easements agreement but forced one of the adjoining owners to get a declaratory relief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

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