Cases: Indemnity

Indemnity: LLC Operating Agreement Provision Was An Indemnity, Not A Fees Clause, Requiring Reversal Of A $71,032.50 Fee Award To Prevailing Plaintiffs.

Cases: Indemnity

Section 1717 Does Not Change The Result If The Indemnification Provision Does Not Apply.             In JFK Investment Group, LLC v. Kobi, Case No. B287455 (2d Dist., Div. 3 May 31, 2019) (unpublished), plaintiffs won a LLC dispute and then obtained $71,032.50 in fees under an LLC indemnity provision.  The relevant clause contained critical “indemnify” […]

Indemnity, Prevailing Party, Section 1717: Trial Court Erred In Denying Contractual Fees To Owner And General Contractor’s Surety Such That A Remand Was Required—There Was A Fees Clause, Not Just An Indemnity Provision

Cases: Indemnity, Cases: Prevailing Party, Cases: Section 1717

However, Appellate Court Acknowledged That Results Were Decidedly Mixed, But Any Prevailing Party Determination Was To Be Made By Lower Court             Driving multiple trips to the appellate court were the parties’ claims for attorney’s fees, something we have seen often and one of the things which inspired this blog.             In John Russo Industrial

Construction, Indemnity, Insurance: Subcontrator’s Insurer On The Hook To Indemnify It To The Tune Of $1,532,973.87 In Damages And Fees, Plus Prejudgment Interest, Following Entry Of Default Judgment Against Subcontractor

Cases: Construction, Cases: Indemnity, Cases: Insurance

Homebuilder’s Insurer Sued Subcontractor’s Insurer After Fully Indemnifying Homebuilder In Underlying Action For Construction Defect Damages and Attorney Fees         The Insurance Company of The State of Pennsylvania v. American Safety Indemnity Company, Case No. B283684 (2d Dist., Div. 8 March 1, 2019) (published) involves a dispute between insurers resulting from an underlying case. The

Indemnity, Equity: Trial Judge Properly Denied Substantial Fees To Prevailing Party Where Contractual Clause Was Indemnity Clause And New Fee Entitlement Arguments Were Presented In Supplemental Briefing Beyond What Was Granted By Lower Court

Cases: Equity, Cases: Indemnity

Supplemental Evidence Was Properly Not Considered In The Trial Judge’s Discretion.             If the lower court grants you supplemental briefing, make sure you do so in line within the scope of the supplemental briefing allowed by the trial judge. MetLife Securities, Inc. v. Brandt, Case No. B282949 (2d Dist., Div. 3 Dec. 18, 2018) (unpublished)

Allocation, Indemnity: CFO Was Entitled To Attorney’s Fees Indemnification Under Corporations Code Section 317(d) For Win On Settlement Release Issue

Cases: Allocation, Cases: Indemnity

Remand Requires To Apportion Fees Expended In Establishing Validity Of Release And Defendants Against Fraud In The Inducement Claims—However, It Did Not Adopt Wilshire Test For Corporate Indemnification.             Protech Services, Inc. v. Gillette, Case No. C083975 (3d Dist. Dec. 6, 2018) (unpublished) is an interesting decision on the scope of mandatory indemnification under Corporations

Indemnity: Public Agency Prevailing Against Landowner Properly Denied Attorney’s Fees Under A Land Use Application Indemnification Clause Because The Parties And Others Were Litigating The Validity Of Indemnity Agreement In A Separate Action

Cases: Indemnity

Lower Court Properly Denied The Agency’s Motion Without Prejudice To Pursuing Recovery As Damages In The Separate Action.             A landowner lost an administrative writ against a public agency for allegedly improperly denying a land use annexation application, although two annexation applications actually were involved. The hitch was that the land use applications had an

Indemnity:  Litigant Losing Prior Contractual Indemnity Claim Properly Denied Attorney’s Fees Defense Expense Reimbursement Motion

Cases: Indemnity

Indemnity Loss Was Fatal And Contract Had No Separate Duty To Defend Obligation Independently Triggering Reimbursement Rights. Children play on inflatable water slide.  Dallas, Texas.  2014.  Carol M. Highsmith, photographer.  Library of Congress.             In Grandpa’s Jumps v. Archdiocese of Los Angeles, Case No. B276894 (2d Dist., Div. 1 Oct. 31, 2017) (unpublished), Grandpa Jumps

Employment, Indemnity, Reasonableness Of Fees, Requests For Admissions: Four Unpublished Decisions On July 11, 2017 Highlight These Issues

Cases: Employment, Cases: Indemnity, Cases: Reasonableness of Fees, Cases: Requests for Admission

Fee Reasonableness—Neman Real Estate Investments, LLC v. Oken. Case Nos. B263196/B263718 (2d Dist., Div. 4 July 11, 2017) (unpublished).             In this first one, defendants won a commercial property dispute and were awarded costs/fees of $619,566.75 based on a “blended” $495 hourly rate to L.A. real estate litigators that happened to be “below market.”  The

Indemnity: Attorney’s Fees Incurred By Indemnitee In Enforcing Indemnity Contract Are Not Recoverable

Cases: Indemnity

Although Fees Incurred In Defending Against Third Party Claim Were Recoverable, The Enforcement Fees Were Not.           Language, language, language.   Free neighborhood classes (including language).  1937.  Library of Congress.         The language of an indemnity clause, including fee entitlement, is critical in determining what types of fees are recoverable by an indemnitee.  The indemnitee in

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