Cases: Fee Clause Interpretation

Civil Code Section 1717/Fees Clause Interpretation: $33,500 Fee Affirmed Under Reciprocity Principles

Cases: Fee Clause Interpretation, Cases: Section 1717

Settlement Agreement Fees Clause Was Broad, Making Blickman Inapt.      The breadth of a fees clause will often determine whether Civil Code section 1717 reciprocity principles apply. For example, very narrow clauses were found not to give rise to reciprocity in Blickman Turkus, L.P. v. MF Downtown Sunnyvalle, LLC, 162 Cal.App.4th 858 (2008) and Real […]

Fee Clause Interpretation: General Partner Properly Awarded Fees Under Broadly Worded Partnership Fees Clause

Cases: Fee Clause Interpretation

$15,286 Fee Award Affirmed Against Limited Partners Joining Unsuccessful Petition to Wind Up Partnership.      When a contractual fees clause covers “any dispute,” such broad language usually gives rise to fee entitlement. It did in the next case we look at.      In LaRocca v Briasco, Case No. B217071 (2d Dist., Div. 8 Oct. 14,

Mediation: Third District Decides That "Mediation Condition Precedent" Clause In Real Estate Contract Only Applies To Party Commencing An Action

Cases: Fee Clause Interpretation, Cases: Mediation

It Does Not Apply to Someone Simply Defending An Action.      In our category "Mediation," we have explored many decisions entertaining the issue of when attorney’s fees are properly awarded under California real estate purchase agreements with attorney’s fees clauses mandating mediation as a condition precedent to fee recovery. Here is another decision on the

Fees Clause Interpretation: Fourth District, Division 3 Adopts Contextual Interpretation of Fees Clause

Cases: Fee Clause Interpretation

Appellate Court Strikes Attorney’s Fees Award of $9,350 in Favor of Plaintiff.      In Legal Service Bureau, Inc. v. Mostafavi, Case No. G041804 (4th Dist., Div. 3 Oct. 4, 2010) (unpublished), our local Santa Ana appellate court dealt with a lower court judgment awarding $9,350 to plaintiff under an attorney’s fees clause of an agreement

Section 1717: Simply Worded Fees Clause Broad Enough To Invoke Reciprocity Principle of Civil Code Section 1717

Cases: Fee Clause Interpretation, Cases: Section 1717

Second District, Division 1 Affirms and Remands to Award Fees on Appeal.      Levaton v. Levaton, Case No. B213730 (2d Dist., Div. 1 Sept. 24, 2010) (unpublished) involved a family real estate deal gone bust, with the trial court ultimately awarding one side rescission. An initial appeal affirmed most of the judgment, but remanded to

Deadlines And Fee Clause Interpretation: Second District, Division 6 Affirms $121,000 Fee/Cost Award In Neighborhood Mega-Squabble

Cases: Deadlines, Cases: Fee Clause Interpretation

  Fee Motion Found Timely and Declaratory Relief Action Was “On the Contract” for Purposes of Justifying the Award.      We knew that this next case was going to be a crazy one, when Acting Presiding Justice Yegan wrote, “Within a year or so, [the] relationship [between neighbors] had deteriorated from a warm friendship to

Fee Clause Interpretation: $278,323 Fee Award Remanded For Failure To Determine If Narrow Fee Clause Truly Covered Certain Pled Claims

Cases: Fee Clause Interpretation

Tort Claims Were Not Covered, Others Were, and Some Needed to be Revisited.      The Sixth District, in a scholarly unpublished 3-0 opinion authored by Acting Presiding Justice Bamattre-Manoukian, has a very thoughtful discussion of the breadth of a fees clause in a promissory note when plaintiffs prevailed on professional negligence and vendor’s lien claims,

Fee Clause Interpretation: CAR Broker Fee Clause Draws Starkly Different Views On Fee Recovery In Unpublished Decision

Cases: Fee Clause Interpretation, Cases: Section 1717

  First District, Division 2 Panel Has Very Divergent Perspectives on Breadth of Fee Clause.      Here is a very interesting unpublished decision about the interpretation of a CAR form fee clause in a brokerage contract. The main dispute centered upon the interpretation of the scope of this provision: “In any action, proceeding or arbitration

Fee Clause Interpretation And Settlement Exclusion: Court Of Appeal Reverses Trial Court Refusal To Grant Attorney’s Fees To Prevailing Supplier In Water Clarification Building Fire

Cases: Fee Clause Interpretation, Cases: Settlement

  Third District Finds Settlement Agreement Carve-Out Preserved Right to Seek Fees Under Indemnity Agreement Clause.      Bravo to the attorneys representing a prevailing party in the next case. They properly worded a partial settlement agreement carve-out so as to preserve their client’s ability to seek fees under a contract once the client prevailed against

Section 1717: Trope Limitation Is Trumped By Broadly Worded Fees Clause In Unpublished Decision

Cases: Fee Clause Interpretation, Cases: Section 1717

Second District, Division 4 So Holds, Noting No Decisions On Point.      We have examined numerous cases that have denied an award of attorney’s fees under Civil Code section 1717 because of the limitation set forth in Trope v. Katz, 11 Cal.4th 274 (1995), holding that in pro per attorneys representing themselves cannot obtain fee

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