Cases: Section 1717

Deeds Of Trust, Fee Clause Interpretation, Section 1717:  Attorney’s Fee Recovery Not Available To Lenders/Affiliates Based On Vague Provisions In Note And Deed Of Trust

Cases: Deeds of Trust, Cases: Fee Clause Interpretation, Cases: Section 1717

Decision Should Have Lenders Look At Lending Paperwork To Make Sure There Is A True “Prevailing Party” Clause.             In Luca v. Deutsche Bank National Trust Co., Case No. G053408 (4th Dist., Div. 3 Jan. 5, 2018) (unpublished), borrowers lost a lawsuit attempting to void the promissory note and deed of trust against lenders/affiliates based […]

Landlord/Tenant/Section 1717:   Sublessor Losing Unlawful Detainer Case Awarded Civil Code Section 1717 Fees Of $1,334,368.30 And Costs Of $4,637.03

Cases: Landlord/Tenant, Cases: Section 1717

Case Was Extensively Litigated, Justifying This Level Of Fee Recovery.              Home Depot.  2003.  Santa Fe, New Mexico.  John Margolies, photographer.  Library of Congress.         In First City Pacific, Inc. v. Home Depot U.S.A., Inc., Case No. B268604 (2d Dist., Div. 7 Dec. 19, 2017) (unpublished), sublessor (tenant to a ground

Prevailing Party/Section 1717:  Appellate Reversal And Remand Of Some Claims Also Required Reversal Of Fee Award

Cases: Prevailing Party, Cases: Section 1717

Award Was Predicated On A Victory Over All Claims, But Fee Awards Have To Await A Final Resolution.             A reversal of a merits judgment usually means an ensuing fee award also falls for the time being.  This result occurs because a prevailing party determination under Civil Code section 1717 must await a final resolution

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 Lawson v. Cal Western Reconveyance Corp., Case No. A142956 (1st Dist., Div. 4 Nov. 20, 2017) (Unpublished).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

Scroll to Top