Cases: Fee Clause Interpretation

Fee Clause Interpretation: Easement Language Only Referencing “Costs And Expenses Of Defense” Arising From The Easement Properly Found Not To Encompass Attorney’s Fees

Cases: Fee Clause Interpretation

Failure To Reference Attorney’s Fees Was Fatal To Fee Recovery.             Draftsmanship, draftsmanship, draftsmanship is the theme of the case we next post on, Smith v. Guillosson, Case No. B322717 (2d Dist., Div. 2 Jan. 30, 2024) (unpublished).              Plaintiff/cross-defendant prevailed on a patio and a walkway easement dispute where there were clauses indicating that […]

Fee Clause Interpretation: No Attorney’s Fees Exposure In Court Action Because Operative Contractual Fees Clause Only Applied To Arbitration Activities

Cases: Fee Clause Interpretation

Choosing Litigation Over Arbitration Means The Party Did Decide To Forego Fees.             Roberts v. Crandell, Case No. B320951 (2d Dist., Div. 3 Jan. 26, 2024) (unpublished) is yet another unpublished decision with reasoning which supports the view that a litigant choosing to litigate in court, rather than arbitration (where the contractual fee clause only

Family Law, Fee Clause Interpretation, Indemnity: Some Parts Affirmed, Some Parts Reversed And Remanded In Appeal Involving Community Or Separate Property Liability For Indemnification Obligations

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

Also, Fee/Costs Award Under Indemnity Agreement Only Recoverable Against Ex-Husband, A Signatory To The Agreement, But No Fee Exposure Under The Third-Party Indemnity Provision; Needs-Based Fees Paid To Both Spouses Are Separate Debts Of Husband For His Need-Based Fees And Community Debts For Fees To Both Spouses.             Acting Presiding Justice Moore, in In re

Fee Clause Interpretation, Section 1717: Lower Court Erred In Denying Fees To A Parties’ Successor Under An Easement Settlement Agreement

Cases: Fee Clause Interpretation, Cases: Section 1717

Fees Clause Did Encompass The Parties And Their Successors.             In Elusive 8307, LLC v. Canterman, Case No. B321096 (2d Dist., Div. 4 Jan. 3, 2024) (unpublished), prior owners of plaintiff's and defendant's adjacent properties entered into a settlement agreement granting an easement to plaintiff over a portion of defendant’s property.  Plaintiff lost an easement

Fee Clause Interpretation, Landlord/Tenant: Unlawful Detainer Action Did Not Arise Out Of Lease Fees Clause Given That Foreclosing Landlord Was Suing On A Statutory Basis For Obtaining Possession

Cases: Fee Clause Interpretation, Cases: Landlord/Tenant

Unique Facts Of The Case Governed The Outcome.             The breadth or narrow nature of a contractual fees clause frequently can determine whether fee entitlement exists in a case.  De Witte Mortgage Investors Fund, LLC v. Carradine, Case No. B322747 (2d Dist., Div. 1 Dec. 19, 2023) (unpublished) vindicates that general principle.  Briefly stated, an

Fee Clause Interpretation, Prevailing Party: Where Plaintiff Under An Ejectment Claim Obtained Possession Before Voluntarily Dismissing Complaint, Defendants Could Not Be The Prevailing Parties

Cases: Fee Clause Interpretation, Cases: Prevailing Party

Interpretation Of The Lease Language Led To That Result.              In A & N Industrial Properties, LLC v. Bart & Judy’s Bakery, Inc., Case No. B322730 (2d Dist., Div. 4 Nov. 13, 2023) (unpublished), plaintiff landlord sued a delinquent holdover tenant for breach of contract, common counts, breach of guaranty, and ejectment under a lease

Assignment, Fee Clause Interpretation: Escrow Company Incorrectly Denied Prevailing Party Attorney’s Fees In Real Estate Against Buyer’s Assignee, But No Fee Award Was Proper Against Assignor

Cases: Assignment, Cases: Fee Clause Interpretation

Remand Was In Order For Fee Determination Against Buyer’s Assignee Vis-a-Viz The Escrow Company.             In Sushi KJ Corp. v. Hana Escrow Co., Inc., Case No. B325421 (2d Dist., Div. 2 Aug. 24, 2023) (unpublished), a buyer—an assignee of the buyer’s predecessor in interest–sued an escrow company for negligent misrepresentations arising out of a seller’s

Deeds Of Trust, Fee Clause Interpretation, Indemnity: After Paying Off Loan Demand, Non-Prevailing Borrower On Economic Duress/Implied Covenant Claims Correctly Assessed With Contractual Fees Of $2,856,956.82 And Costs Of $38,184.54

Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: Indemnity

Contractual Clauses, Including One In A Deed Of Trust, Were Fee Provisions.             Modern litigation can be expensive.  It can even be more expensive where there is a fee-shifting basis in contractual documents.  Borrower learned that hard lesson in The Palace at Washington Square, LLC v. Mechanics Bank, Case Nos. A164195/A164799 (1st Dist., Div. 3

Equity, Fee Clause Interpretation: Prevailing Party Awarded Substantial Fees Despite A Bad Typo In The Contractual Fees Provision

Cases: Equity, Cases: Fee Clause Interpretation

Prevailing Party Did Obtain $538,961 In Fees After Reformation By Trial Judge, Affirmed On Appeal.             We bloggers have seen this situation before.  A litigant, like the one in California Décor, Inc. v. Medrano, Case No. B313743 (2d Dist., Div. 2 Mar. 15, 2023) (unpublished), prevailed on its own case and defeated a cross-complaint.  So,

Fee Clause Interpretation: Plaintiff Purchaser Obtaining Specific Performance In A Real Estate Transaction Properly Awarded Fees Under A Contractual Fees Provision Against Losing Seller

Cases: Fee Clause Interpretation

Closing Costs Provision Was Distinct From Litigation Prevailing Party Provision.             The next case, Classic Auto Repair, Inc. v. Ida, Case No. B308002 (2d Dist., Div. 8 Mar. 8, 2023) (unpublished) is a real estate primer on contractual interpretation on allocation of attorney’s fees exposure with respect to litigation and closing costs.  The plaintiff purchaser

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