Cases: Fee Clause Interpretation

Fee Clause Interpretation: Tenant Winning Damages Under Municipal Code And Statutory Provisions Properly Awarded Fees Even Though Rental Agreement Precluded Fee Recovery On Contractual Claims

Cases: Fee Clause Interpretation

Statutory Entitlement To Fees Was Independent From Recovery Under A Contractual Fees Clause.                In Dostie v. Marowitz, Case Nos. A168780 et al. (1st Dist., Div. 2 Nov. 22, 22, 2024) (unpublished), plaintiff tenant won $60,000 in damages against defendant former landlord for failure to maintain the premises, gender discrimination, and emotional distress.  Defendant landlord

Fee Clause Interpretation, Settlement: Settlement Agreement Language Only Allowed Enforcement Activities Associated With The Settlement

Cases: Fee Clause Interpretation, Cases: Settlement

Other Non-Settlement Activities Were Improperly Awarded As Attorney’s Fees.                Bodero & Associates, Inc. v. Gorman, Case No. A168856 (1st Dist., Div. 5 Sept. 20, 2024) (unpublished) is a good example as to when four-corner contractual interpretation will govern a fee dispute, unfortunately requiring a limited remand.  Parties entered into a settlement agreement with standard

Fee Clause Interpretation: Based On A Broad Fee Clause, The Lower Court Correctly Construed An Option Agreement And Awarded Over $1.371 Million In Fees

Cases: Fee Clause Interpretation

Shows How Fee Motions Can Be Mini-Trials On Interpretation Of Fee Clauses.                In Preservation, Finance, Rehabilitation & Development, LP v. Associated Financial Corp., Case No. B325694 (2d Dist., Div. 4 Aug. 13, 2024) (unpublished), defendant won a bench trial in a complex loan transaction case, with the lower court awarding defendant prevailing party fees

Fee Clause Interpretation, Section 1717: Prevailing Defendant’s Dismissal Of Cross-Complaint After Winning Did Not Give Rise To Fee Exposure

Cases: Fee Clause Interpretation, Cases: Section 1717

Santisas Rule Applied, With Dismissed Cross-Complaint Only Raising Contractual Claims.                In Colaco v. Marcum LLP, Case No. B326252 (2d Dist., Div. 2 July 30, 2024) (unpublished), plaintiff sued his accounting firm for misrepresentation after losing money in some investments, with the defendant obtaining summary judgment and then voluntarily dismissing a cross-complaint containing indemnity and

Fee Clause Interpretation, Judgment Enforcement, Section 1717: $70,635 Attorney’s Fees Award Favorable To Nonsignatory To A Contract, Reversed As A Matter Of Law

Cases: Fee Clause Interpretation, Cases: Judgment Enforcement, Cases: Section 1717

Plaintiffs’ Claims Against Nonsignatory Did Not Seek To Enforce The Contract, With No Judgment Enforcement Fees Available To The Nonsignatory.                Crooymans v. Foumberg, Case No. B325110 (2d Dist., Div. 3 June 18, 2024) (unpublished) is a stark reminder that a nonsignatory to a contract, more often than not, does not face fee exposure under

Appealability, Estoppel, Fee Clause Interpretation: Prevailing Party In Appellate Writ Proceeding Was Entitled To Small Routine Costs, But Not Attorney’s Fees

Cases: Appealability, Cases: Estoppel, Cases: Fee Clause Interpretation

Appeal Costs Order Was Appealable, But There Was No Fee Entitlement Basis—Estoppel Argument Was Rejected.             In Kaur v. Pabla, Case No. F086273 (5th Dist. May 14, 2024) (unpublished), plaintiffs obtained an appellate writ mandate order and moved for appellate costs, both routine expenses and attorney’s fees.  In the end, the routine cost of $775

Construction, Fee Clause Interpretation: Because Surety’s 2010 Contract Had A Fees Clause, It Was Erroneous To Deny Fees Based On A 2015 Contract Having No Such Clause

Cases: Construction, Cases: Fee Clause Interpretation

2015 Contract Necessarily Referenced The 2010 Contract, So Remand Was Necessary To Determine If Fee Allocation Was Necessary And The Reasonableness Of Surety’s Request.                In FEI Enterprises, Inc. v. Massachusetts Bay Ins. Co., Case No. B329502 (2d Dist., Div. 2 Apr. 4, 2024) (unpublished), surety won a summary judgment against its general contractor for

Allocation, Fee Clause Interpretation, Section 1717: Intervening Insurer Not Responsible For Fees To Prevailing Party, While Litigant Losing Alter Ego Arguments Was Responsible For Fees

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Section 1717

Lower Court Also Did Not Err By Awarding Insurer Rate Fees To A Prevailing Party, Apportioning Out Noncompensable Fees.                Yee v. Weinberg, Case No. A163850 et al. (1st Dist., Div. 4 Mar. 5, 2024) (unpublished) is a situation where a plaintiff landlord prevailed against defendant tenant, with landlord receiving some fees (but none against

Estoppel, Fee Clause Interpretation, Section 1717: Lower Court’s Denial Of Attorney’s Fees To Prevailing Plaintiffs In CC&R Flag Pole Placement Dispute Was An Abuse Of Discretion

Cases: Estoppel, Cases: Fee Clause Interpretation, Cases: Section 1717

Judicial Estoppel Applied And Plaintiffs Were The Unqualified Winners.                In Rowan v. Hilliard, Case No. D081687 (4th Dist., Div. 1 Feb. 29, 2024) (unpublished), plaintiffs prevailed against defendants/cross-complainants in a flag pole placement dispute under CC&Rs, which had a fees clause giving the lower court the authority (“shall have the authority”) to award reasonable

Fee Clause Interpretation, Prevailing Party, Section 1717: Lower Court Erroneously Denied Attorney’s Fees To Plaintiff Who Obtained A Majority Of What She Wanted In A Loan Agreement Case With A Fees Clause Only Covering A Judicial Foreclosure Case

Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Section 1717

Under Civil Code Section 1717, Lack of Recital Saying Contract Was Negotiated/Executed With Counsel Representation Kept The Clause From Applying Narrowly, With The Matter Remanded For Purposes Of Determining If Plaintiff Was The Prevailing Party For Fees Even Though Plaintiff Did Not Pursue Routine Costs Recovery.             In Andrade v. Western Riverside Council of Governments,

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