Cases: Section 1717

Fee Clause Interpretation/Section 1717:  Significant Fee Awards Affirmed In Favor Of Lenders And Prevailing Party In Easement Dispute

Cases: Fee Clause Interpretation, Cases: Section 1717

Courts Focused On Plain Meaning Of Fee Clauses, Primarily. Lawson v. Cal Western Reconveyance Corp., Case No. A142956 (1st Dist., Div. 4 Nov. 20, 2017) (Unpublished).             Here, after two banks prevailed in a nonjudicial foreclosure challenge by borrowers, the trial judge awarded both $ 137,150 in attorney’s fees under note and trust deed fee […]

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

Cases: Partition, Cases: Section 1717

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

Landlord/Tenant and Section 1717:  Lack Of Written Contract Fees Clause Doomed Attorney’s Fees Request

Cases: Landlord/Tenant, Cases: Section 1717

Tenant’s Probability Theory Did Not Do Well At Either Trial Or Appellate Levels. Ida B. Wells Housing Project.  Meeting of the tenants.  Chicago, Illinois.  April 1942.  Jack Delano, photographer.  Library of Congress.             In Doll v. Ghaffari, Case No. B272384 (2d Dist., Div. 4 Oct. 25, 2017) (unpublished), tenant did prevail against landlord on certain

Section 1717:  Escrow Company Properly Awarded Attorney’s Fees After Defeating Breach Of Fiduciary Duty Claim Covered Under Broad Escrow Instructions Fees Clause

Cases: Section 1717

Section 1717 Made Unilateral Clause Reciprocal, So Not Adhesive Even Though Escrow Company Won.             In 1500 Viewsite Terrace, LLC v. Pickford Escrow, Inc., Case Nos. B256246/B257166 (2d Dist., Div. 4 Sept. 28, 2017) (unpublished), plaintiff unsuccessfully sued a title company and escrow company, mainly under tort theories (although based on breach of escrow instructions)

Section 1717:  Contractual Nonsignatory Defendant Correctly Denied Fee Recovery Where Only Tort Claims Involved

Cases: Section 1717

Generalized Conspiracy Allegations Did Not Change The Result.             Truong v. Nguyen, Case No. G053680 (4th Dist., Div. 3 Sept. 26, 2017) (unpublished) involved a situation where a defendant non-signatory to a contract was denied attorney’s fees based on the fact there were no contract-based claims upon which to hinge fee recovery.  The appellate court

Section 1717/Unlicensed Contractor:  $90,310.50 Fee Award Against Residential Seller Affirmed In Case Where Modified Damages Were Only $32,004.70

Cases: Section 1717, Cases: Unlicensed Contractors

Fee Award Reversed Against Corporate, Nonsignatory Principal Where No Alter Ego Unfairness Shown.             In Posada v. Stone Steps Properties, LLC, Case Nos. B271664/B277933 (2d Dist., Div. 5 Sept. 11, 2017) (unpublished), a residential property seller failed to disclose to a buyer that an unlicensed contractor performed renovations on the property, resulting in a 5-day

Allocation, Fee Clause Interpretation, Prevailing Party, Section 1717:  Lease Rescission Claim Did Give Rise To Successful Fee Recovery To The Tune Of $418,730.75 In Fees And $16,260.79 In Costs In Tenant’s Favor

Cases: Allocation, Cases: Fee Clause Interpretation, Cases: Prevailing Party, Cases: Section 1717

“Any Remedy Hereunder” Lease Language Salted Away The Result.             In The Redbean House Corp. v. Colonnade Wilshire Corp., Case No. B276837 (2d Dist., Div. 2 Aug. 16, 2017) (unpublished), tenant successfully obtained rescission of a commercial lease based on a substantial seismic retrofit issue, although landlord obtained $49,647 in damages for waste after a

Section 1717:  Nonsignatory Defendants Entitled To Fee Recovery Under Civil Code Section 1717

Cases: Nonsignatories, Cases: Section 1717

$61,565 Fee Award Sustained On Appeal             Nonsignatories defendants were awarded attorney’s fees of $61,565, drawing an appeal from the plaintiff in Westco Petroleum Distributors, Inc. v. Huntington Beach Industrial, Case No. B269393 (2d Dist., Div. 2 Aug. 10, 2017) (unpublished).  After surveying section 1717 jurisprudence which does allow fee recovery to nonsignatories like the

Deed Of Trust/Section 1717: Borrowers’ Fraudulent Inducement Claim Was Not “On The Contract” So As To Allow Recovery Under Deed Of Trust Fees Clause

Cases: Deeds of Trust, Cases: Section 1717

Characterization Of Borrowers’ Claim Was Determinative.             In Aniel v. American Home Mortgage Servicing, Inc., Case Nos. A141462/A142729 (1st Dist., Div. 4 July 21, 2017) (unpublished), borrowers challenged the nonjudicial foreclosure of rental property by alleging, but losing, a claim that lenders/related servicing entities fraudulently induced them to let the loan go into default so

Deed Of Trust/Section 1717: Borrowers’ Fraudulent Inducement Claim Was Not “On The Contract” So As To Allow Recovery Under Deed Of Trust Fees Clause

Cases: Deeds of Trust, Cases: Section 1717

Characterization Of Borrowers’ Claim Was Determinative.             In Aniel v. American Home Mortgage Servicing, Inc., Case Nos. A141462/A142729 (1st Dist., Div. 4 July 21, 2017) (unpublished), borrowers challenged the nonjudicial foreclosure of rental property by alleging, but losing, a claim that lenders/related servicing entities fraudulently induced them to let the loan go into default so

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