Fourth District, Division 1 Follows Other Precedents We Have Reviewed. In our category, “Cases: Indemnity,” we have seen that California appellate courts will not stretch a third-party indemnification clause into a first-party attorney’ fees clause for purposes of fees recovery. The leading cases of Myers Building Industries, Ltd. v. Interface Technology, 13 Cal.App.4th 949. […]
Fourth District, Division Three Determines Relevant Clause Is Only For Indemnity, Not Fee Recovery. In our July 12, 2008 post on indemnity clauses and our August 25, 2008 post on Carr Business, we discussed whether indemnification clauses could give rise to attorney’s fees. The quick answer is that it depends on the wording and
Court of Appeal Affirms Denial of Attorney’s Fees to Prevailing Parties Against the City of Chowchilla. In our July 12, 2008 post, we discussed when contract indemnification clauses will and will not be interpreted as allowing a recovery of attorney’s fees to litigants in litigation not involving true third-party indemnity issues.
Fourth District, Division Three Affirms Denial of Fees Where Dismissal Predicated On Discovery Terminating Sanctions. In our past post of May 28, 2008 on the unpublished decision of Optimal Water, Inc. v. Robbins, we discussed Corporations Code section 317, which provides for indemnification of corporate agents by corporations under specified circumstances.
Second District Affirms Large Fee Award Based on Indemnification Clause in the Parties’ Banking Account Agreement. In our July 12, 2008 post, we discussed what type of indemnification clauses can give rise to attorney’s fees exposure, with the upshot being that the answer depends on the specific wording of the clause
The Answer Depends on the Specific Wording of the Clause. Various contracts, especially those involved in construction projects, contain indemnity provisions by which one party (the indemnitor) agrees to reimburse another party (the indemnitee) for damages, costs and expenses associated with species of claims covered by the express language in the
Fourth District, Division 3 Finds Corporation Presented Inadequate Appellate Record to Properly Challenge Award. California Corporations Code section 317(d) allows a corporate agent who has been successful in the defense of any action by the corporation, where the purpose was to procure a judgment in the corporation’s favor “by reason of
