Cases: Fee Clause Interpretation

Interpretation Of Fee Clauses: Settlement Agreement Plus Integrated Other Documents With Fees Clauses Establish Fee Entitlement

Cases: Fee Clause Interpretation, Cases: Settlement

  Integration Doctrine Sustained Fee Award.      Wyatt v. Wyatt, Case No. D058493 (4th Dist., Div. 1 Mar. 6, 2012) (unpublished)–yep, today we have a lot of family dispute cases, with this one being between mother and son over mother’s house–resulted in an attorney’s fees award under a settlement agreement in favor of mom and […]

Allocation/Interpretation Of Fees Clause: CC&R Nuisance Provision Allowed For Recoupment Of Over $600,000 In Attorney’s Fees And Costs

Cases: Allocation, Cases: Fee Clause Interpretation

  Allocation Not Necessary Where Same Facts And Evidence Involved On All Claims.      In Klein v. Nyamathi, Case No. B228157 (2d Dist., Div. 6 Jan. 25, 2012) (unpublished), defendants were found liable to the tune of just under $400,000 for flooding their plaintiff neighbors’ property under nuisance and breach of contract theories. The trial

Fees Clause Interpretation: Fees Clause In Corporate By-Laws Did Not Allow For Fee Recovery Where Litigant Not Sued In His Official Corporate Capacity

Cases: Fee Clause Interpretation

  $78,250 Fee Award In Favor Of Individual Litigant Gets Reversed.      For litigators of all ages, we have come to appreciate that the “hat” worn by a litigant frequently may play a determinative role in the course of a lawsuit. This next case we discuss exemplifies this very well.      One individual defendant won

Fees Clause Interpretation/Section 1717: Narrow Purchase Agreement Fees Clause Did Not Allow Recovery For Litigant Prevailing On Tort Claims

Cases: Fee Clause Interpretation

  Dismissal of Recission Count Preclude Fee Recovery.      The message from the next case is be careful of what claims you dismiss during the progress of a case on behalf of a client plaintiff. If you have a narrowly worded fees clause, dismissal of a contractually based claim (such as rescission) may end any

Arbitration/Fee Clause Interpretation: Broadly-Worded Fee Clause Allowed Litigants Successfully Asserting Third Party Claims To Recoup Fees Against Arbitration Winner In Post-Arbitration Judicial Proceedings

Cases: Arbitration, Cases: Fee Clause Interpretation

  $74,124 in Fees/$1,529.40 to Successor Trustees Were the Winning Awards.      Portico Management Group, LLC v. Harrison, Case No. C062060 (3d Dist. Dec. 28, 2011) (unpublished) is a chilling opinion–forget that it is the Holidays that are not as chilly in California as other areas of the country–both about making sure proper parties are

Fee Clause Interpretation/Section 1717: Attorney Garnering Large Fee Award Lost It On Appeal Because Losing LLC Members Could Not Collect Fees From Him

Cases: Fee Clause Interpretation, Cases: Section 1717

  $178,000 Fee Award Went POOF!      De novo review of a fees clause can be trouble for any litigant, appellant or respondent, on appeal. This means the appellate courts put their contractual interpretation “hats” on to see if the construction passes muster. Sometimes it does; sometimes it doesn’t.      Doesn’t was the verdict in

Fee Clause Interpretation: Fees Clause Allowing Prevailing Party Recovery To “Any Party” Permitted Fees Award To Third Party Beneficiary Unsecured Creditor

Cases: Fee Clause Interpretation

  Case Fell Between the Cracks of Unnamed Parties and Third Party Beneficiary Cases, Fifth District Rules.      The Fifth District, in Cargill, Inc. v. Souza, Case No. F061767 (5th Dist. Dec. 9, 2011) (certified for publication), reversed a decision denying requested attorney’s fees to an unsecured creditor claiming it was a third party beneficiary

Fee Clause Interpretation: Broad Fees Clause In Shareholder Agreement Justified Award Of Fees To Defense After Suit Dismissed For Failure To Amend Or Post A Bond

Cases: Fee Clause Interpretation

CCP § 1021 Was the Basis.      A $37,369 fee award against plaintiffs and in favor of defendants was affirmed in Higuera v. La Carreta Supermarkets, Inc., Case No. G044286 (4th Dist., Div. 3 Dec. 2, 2011) (unpublished), in a 3-0 decision authored by Justice Bedsworth. Here is what happened.      Plaintiffs instigated a hybrid

Fees Clause Interpretation/Arbitration: “Such Proceeding” Language Broad Enough To Encompass Fee Recovery For Litigation, Where Parties Waived Arbitration Rights

Cases: Arbitration, Cases: Fee Clause Interpretation

  Breadth of Language Made the Difference in this One.      Here is an interesting one that confirms that the breadth of language in a fees clause can make a difference. It especially did here, where the parties waived arbitration rights but the fees clause, but the use of “proceeding” language was broad enough to

Fees Clause Interpretation: Broad LLC Operating Agreement Fees Clause Covered Both Contract And Tort Claims

Cases: Fee Clause Interpretation

  Substantial Fee Recovery Allowed      We know of nothing proprietary, so here is a fees clause contained in a LLC Operating Agreement that reaped one party a truck load of fees: “If any party to this Agreement institutes any action, suit, counterclaim, appeal, arbitration or mediation for any relief against another party, declaratory or

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