Cases: Fee Clause Interpretation

Civil Code Section 1717: Without Prejudice Dismissal Of Apartment Fire Damage Suit Did Not Give Rise To Fee Exposure

Cases: Fee Clause Interpretation, Cases: Section 1717

  Second District, Division 4 Applies Santisas in Affirming Denial of Fees.      In our category “Leading Cases,” we have listed Santisas v. Goodin, 17 Cal.4th 599 (1998), which held that a voluntary dismissal of contractually-based claims will not lead to fee exposure under Civil Code section 1717. However, Santisas did leave open the exception […]

Fee Clause Interpretation: Narrow Provision Requires Elimination Of Fee Award From Default Judgment

Cases: Fee Clause Interpretation

First District, Division 2 Determines Fee Clause Only Allows For Recovery of Fees in Arbitration Proceeding.      Unless there is ambiguity or mistake, courts are generally charged with enforcing contracts as written. This applies equally to fee clauses in contracts, as the next unpublished decision illustrates.      In Quraishi v. Delta Pools and Patios, Inc.,

Estoppel And Fee Clause Interpretation: Losing Broker Using MLS Was Not Liable To Winning Seller For Fees Just Because Broker Pled Fee Recovery And When Fees Clause Did Not Encompass Losing Broker

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

First District, Division Five Follows Blickman Turkus and Sessions Decisions.      This next case is a virtual paradigm for students of fees clauses in exclusive listing agreements involving MLS brokers who sue sellers and then lose. It deals with judicial estoppel and fee clause interpretation issues frequently seen in these types of disputes.      Menasco

Probate Settlement: Heir Loses Matter Encompassed By Settlement Agreement Fee Clause, Suffering Adverse Award Of $51,205.36 In Costs and Attorney’s Fees

Cases: Deadlines, Cases: Fee Clause Interpretation, Cases: Probate

  Second District, Division 5 Sustains Award Based on Broad Fees Clause in Settlement Agreement and Confirms 60 Day Fee Deadline Does Not Apply in Probate Litigation Matters.      Most of the time in probate matters, attorney’s fees are awarded for services to an estate. (Estate of Trynin, 47 Cal.2d 265, 272-273; see also cases

Construction Litigation: Fourth District, Division 1 Reverses Fee Awards Under Code of Civil Procedure Section 1038 and Reverses/Affirms Others Under Civil Code Section 1717

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

Court of Appeal Discusses Numerous Issues Under the Two Statutes.      In a complicated construction dispute between window subcontractor and other construction professionals sued for equitable indemnity and contribution, the Fourth District, Division 1 reversed and affirmed some fee awards against window subcontractor after overturning a judgment on the pleadings, affirming a summary judgment as

Arbitration: Appellate Fees Awardable Upon Prior Reversal Without Awaiting the Final Result

Cases: Arbitration, Cases: Costs, Cases: Fee Clause Interpretation, Cases: Prevailing Party

Second District Panel Splits 2-1 on Whether Contractual Clause Allowed for Fee Recovery From Post-Arbitration Judicial Proceeding Win Before the “Dispute” Was Finally Resolved.      The next case illustrates how even appellate jurists will come to different conclusions when construing a contractual fees clause where the matter is one for de novo review based on

Fraud Cases: Don’t Forget That You May Get Fees Under Robinson Helicopter

Cases: Fee Clause Interpretation, Cases: Section 1717

  Second District, Division Seven Awards Fees To Broker Based On Fraud and Fees Clause in Brokerage Agreement.      Normally, Civil Code section 1717 does not allow recovery for fraud counts, unless the fees clause is broadly worded. (See our category “Cases: Section 1717.”) However, practitioners should not forget that fee recovery may be possible

Pre- And Post-Arbitration Fees: Trial Courts Can Award Even If Arbitrator Denies Fees For Arbitration Work

Cases: Arbitration, Cases: Fee Clause Interpretation

Sixth District So Rules In Sustaining Fee Award For Some Work By Winning Litigant’s Attorneys Before and After Arbitration Proceeding.      Defendant suffered an adverse arbitration award of $67,089.16 to plaintiff for failing to pay plaintiff his value in a health center pursuant to a second buy-out agreement. The arbitrator awarded arbitration costs/fees, but ordered

Fee Authorization: No Fees Can Be Awarded Unless Predicate Statute Or Contract Authorizes Their Recovery

Cases: Fee Clause Interpretation, Cases: Special Fee Shifting Statutes

Second District, Division One Sustains Denial of Fee Recovery Without Predicate Underpinnings for an Award.      The first step of any analysis for recovery of fees is to locate a statute or contractual clause authorizing their recovery. Without this, the American Rule will usually preclude any efforts to recoup incurred attorney’s fees in litigation. The

Fee Clause Interpretation: Use of “Subject To” Rather Than “Incorporation” Language in Sub-Sublease Can Have Dramatic Implications In Recovery of Attorney’s Fees By A Prevailing Landlord

Cases: Fee Clause Interpretation

Fourth District, Division Three Reverses A Fee Award Based on Lack of “Incorporation” Verbiage in Sub-Sublease.      The next case shows that use of the words “subject to” rather than “incorporation” language may impede an award of attorney’s fees to a winning party in a sublease dispute context.      In Head and Neck Associates v.

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