Case Affirmed Denial Of Attorney’s Fees Because Fees Clause Was Really An Indemnity Clause. On April 2, 2015, we posted on Rideau v. Stewart Title of California, Case No. D065751 (4th Dist., Div. 1 April 1, 2015), which was unpublished at the time. It affirmed the trial judge’s denial of a fee request […]
Language Of Disbursement Clause Was Crucial In A De Novo Appellate Review Situation. At our home page sidebar under “Indemnity,” we have posted many times–and you can gather our posts–on whether language in contractual indemnification clauses gives rise to contractual attorney’s fees recovery. Rideau v. Stewart Title Co. of California, Inc., Case No.
Direct Liability Only At Issue—No Fee Recovery. In American Rag Cie, LLC v. Haralambus, Case No. B246285 (2d Dist., Div. 5 Feb. 27, 2015) (unpublished), plaintiff LLC sued defendant 14% shareholder for fiduciary duty, contract breach, declaratory relief and unjust enrichment, which inspired defendant’s cross-complaining against plaintiff and other cross-defendants for several tort
Third Circuit Finds “Officer” Language To Be Ambiguous. In Aleynikov v. The Goldman Sachs Group, Inc., No. 13-4237 (3d Cir. Sept. 3, 2014) (precedential), a Goldman Sachs computer programmer with the title of “vice president” obtained a summary judgment ruling requiring Goldman Sachs to advance him attorney’s fees incurred in his defense of certain
$348,372 Is Broker Fee Recovery; However, CAR Clause May Need To Be Amended To Allow Routine Costs Recovery. Brokerage company successfully defended against a cross-complaint brought by sellers, sellers who were also successfully sued by buyers of an expensive Pacific Palisades residence in the same case. Broker defended against the cross-complaint by arguing
$380,000 In Aggregate Fees To Three Defendants Was The Final Tally. In Baharian-Mehr v. SGRL Investments, Inc., Case No. G048796 (4th Dist., Div. 3 Aug. 7, 2014) (unpublished), defendants in a general partnership dispute–where the original partnership agreement had a contractual fees clause favorable to prevailing parties—won a defense judgment in a multi-count
Implied Contractual and Equitable Indemnity Theories Cannot Undermine American Rule. Dalton v. Francis, Case No. H033247 (6th Dist. June 26, 2014) (unpublished) involved a buyer lawsuit against seller and dual real estate agents for nondisclosures in connection with a residential sale regarding a dilapidated septic system. The problem was that seller and individual brokers negligently
No Clear Fee Entitlement In This One. Individual who was deleted from an arbitration award, because he was neither served nor consented to an arbitration, was frustrated because the lower court denied him fees under an arbitration agreement provision and AAA Rules in Fujian Peak Group, Inc. v. Huang, Case No. D063296 (4th
Technical Arguments in Fourth Appeal Rejected by Reviewing Court. Jeld-Wen, Inc. v. Southcoast Sheet Metal (Jeld-Wen IV), Case No. D062591 (4th Dist., Div. 1 Feb. 11, 2014) (unpublished) is the fourth appeal in this slugfest where Jeld-Wen, hit with a $1.7 million judgment by Pardee for installing leaky windows, sought indemnity from other
City of Bell Decision Distinguishable, Because Theft-Related Charges Are Different Than City-Approved Actions For Indemnification Purposes. Board of Directors of San Diego Employees‘ Retirement System approved City of San Diego’s proposal to purportedly “underfund” the employment retirement system in return for City’s resolution to broadly indemnify the board members from “any claim or
