Cases: Fee Clause Interpretation

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.

Plaintiff Losing Trespass Case Against Defendant Landlords Liable For Opposition Attorney’s Fees Under Broadly Worded Lease Clause

Cases: Deadlines, Cases: Fee Clause Interpretation, Cases: Private Attorney General (CCP 1021.5)

Second District, Division Four Determines Landlord Prevailed and Dismisses Other Technical Challenges to Major Portion of Fee Award.             Tenant got caught up in an imbroglio with her Landlords when she moved her business into a residential apartment after the roof of her off-premises store collapsed.  After being served with an eviction

Second Sentence Of Civil Code Section 1717(a) Precludes Restricted Application Of Mutuality Principle Unless Parties Recite That Counsel Was Involved In Negotiation and Execution Of The Contract

Cases: Fee Clause Interpretation, Cases: Section 1717

Second District, Division Eight Reverses Lower Court Determination Denying Fee Based on Limited Scope of Fees Clause.             In enacting Civil Code section 1717, the Legislature made it abundantly clear that mutuality principles are to govern interpretation of attorney’s fees clauses such that unilaterally worded provisions are construed as reciprocal in nature. 

Deed of Trust Fee Clause: Successor Borrower Assuming Loan Without Lender Consent Held Subject To Fee Award Exposure

Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: Section 1717

Fourth District, Division Two Holds Successor Bound By Fee Clause in Loan Documents.             In this interesting time of economic woes, there are many persons who “assume” loans from borrowers without lender consent.  Not only can this practice likely trigger “due on sale” clauses, it also may expose the successor borrower to

Even Though Letter Of Intent Required Good Faith Consummation Of A Subsequent Definitive Agreement, Lack Of Attorney’s Fees Clause In LOI Gave Winning Plaintiffs No Fee Entitlement Basis

Cases: Estoppel, Cases: Fee Clause Interpretation

Second District Reversed $119,947 Fee Award Under Definitive Agreement Fee Clause.             One of the first concerns that a winning litigant must face in post-trial proceedings is whether the litigant has a fee entitlement basis to seek an award of attorney’s fees.  This usually focuses on a contractual fee clause or a

Judicial Foreclosure Actions—Attorney’s Fees Are Added to the Loan Indebtedness for Purposes of Calculating Deficiency and Fee Exposure

Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: Special Fee Shifting Statutes

Second District Rejects Borrower’s Argument That Contractual Fees Incurred by Lender Are Excluded from Deficiency Calculation.             In this time of subprime lending fallout and rising foreclosures, judicial foreclosures are making a comeback, as they typically do when market values plunge.  Lenders on commercial and investment residential projects frequently opt to pursue

Attorneys Successfully Sue Former Client For Collection Of Full Receivable Plus Attorney’s Fees In Collecting The Receivable

Cases: Fee Clause Interpretation, Cases: Substantiation of Reasonableness of Fees

Recent Case Illustrates the Right Way to Handle A Dispute in Segments and Highlights Good Provisions to Have in Retainer Agreement             In Fitzgerald Abbott & Beardsley LLP v. Miller, Case No. A118762 (1st Dist., Div. 3 July 31, 2008) (unpublished), Former Client hired Attorneys to resolve a dispute with Client’s neighbors

Winning Joint Venture Litigant Denied Attorney’s Fees Because The Operative Memorandum Of Understanding Had No Fees Clauses And Other Peripheral Contracts With Fees Clauses Were Not Part of An Integrated Transaction

Cases: Fee Clause Interpretation, Cases: Section 1717, Cases: Standard of Review

Sixth District Finds That Stock Option and Voting Trust Agreements Were Not Interrelated and Never Sued Upon In Winning Litigant’s Complaint.             Under Civil Code section 1717, one needs a written agreement with a fee clause for potential attorney’s fees recovery.  Many times, there are several agreements involved in an overall transaction,

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