Cases: Fee Clause Interpretation – Page 32

Suing Real Estate Buyers, Who Were Defensed At Judgment On The Pleadings Stage, Were Not Stung With Real Estate Purchase Contractual Fees By Victorious Brokers, But Did Suffer Fee Exposure From Lis Pendens Expungement Proceeding

July 28, 2008

Third District Affirms Award of Lis Pendens Expungement Fees to Brokers and Sustains Denial of Attorney’s Fees to Brokers Under Real Estate Purchase Agreement Fee Clause. This next case deals with contractual fee awards under Civil Code section 1717 and fees assessed against a party that lost a lis pendens expungement […]

Appellate Court Reverses Non-Prevailing Party Determination Because Client Defensed Attorney on Contract Claim In A Jury Trial

Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Standard of Review

July 23, 2008

Second District Remands For Settling the Reasonable Amount of Attorney’s Fees and Costs. Usually, prevailing party determinations are reviewed under the abuse of discretion standard on appeal. Not always, however. Sometimes the contractual fees clause is clear in specifying a prevailing party and one side wins a final judgment in their

Real Estate Sales Contract Allows Plaintiffs to Recover Attorney’s Fees for Judicial Proceedings Connected with Arbitration

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

July 2, 2008

Fifth District Drops Some Tantalizing Dicta About The Causal Relationship Necessary to Conclude Disputes “Arise Out of a Contract” for Purposes of Awarding Fees. Although one might think that unpublished decisions only involve mundane issues of legal application, our posts have shown that they frequently confront novel issues or provide dicta

Plaintiff’s Professional Malpractice Claim, Although Involving A Contractual Relationship, Was Not “On the Contract” So As To Allow Fee Recovery Under Civil Code Section 1717

Cases: Fee Clause Interpretation

July 1, 2008

First District Recognizes the Distinction In Affirming Trial Court Decision Refusing To Award Fees to a Winning Plaintiff. Client retained Former Attorneys to represent his interests as a creditor in a bankruptcy proceeding. Client signed a retainer agreement providing that Attorneys would use their best efforts to represent Client’s interests and

Routine Costs Can Include Court-Appointed Assistants Necessary to the Litigation and Attorney’s Fees Clauses in Several Agreements Will be Interpreted in an Integrated Fashion

Cases: Costs, Cases: Fee Clause Interpretation, Cases: Standard of Review

June 27, 2008

Fourth District, Division One So Holds In Partnership Dissolution Case. In our June 27, 2008 post, we examined Roberts v. Ross, a recent Fourth District, Division One unpublished case construing trial court discretion to award certain non-specified, non-prohibited costs as routine costs “necessary for the litigation” under a catchall provision, Code