Cases: Partition – Page 3 – Cal Attorneys Fees

Partition: Trial Judge Has Considerable Discretion To Apportion Partition Fees And Costs

This Decision Demonstrates Apportionment Can Be A Substantial Percentage To Side Running Up The Costs Of Litigation Code of Civil Procedure section 874.040 allows the court in a partition action to apportion costs in proportion to parties’ interests or “as may be equitable,” with costs defined broadly in section 874.010 to include reasonable attorney’s […]

Partition/Section 1717: $81,700.50 Fee Award To Partitioning Litigant Reversed Based On Fee Clause In Prior Settlement Agreement

November 6, 2017

However, Matter Remanded To Examine If Litigant Entitled To Fees Under Partition Fee-Shifting Provisions. Orien v. Lutz, Case No. B277323 (2d Dist., Div. 8 Nov. 3, 2017) (published) is a situation demonstrating how contractual fee provisions, interpreted de novo, can lead to reversal of a fee award. However, the victory may not be complete