Cases: Section 1717

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 B256246/B257166 (2d Dist., Div. 4 Sept. 28, 2017) (unpublished), plaintiff unsuccessfully sued a title company and escrow company, mainly under tort theories (although based on breach of escrow instructions) […]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             Truong v. Nguyen, Case No. G053680 (4th Dist., Div. 3 Sept. 26, 2017) (unpublished) involved a situation where a defendant non-signatory to a contract was denied attorney’s fees based on the fact there were no contract-based claims upon which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 B271664/B277933 (2d Dist., Div. 5 Sept. 11, 2017) (unpublished), a residential property seller failed to disclose to a buyer that an unlicensed contractor performed renovations on the property, resulting in a 5-day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 v. Colonnade Wilshire Corp., Case No. B276837 (2d Dist., Div. 2 Aug. 16, 2017) (unpublished), tenant successfully obtained rescission of a commercial lease based on a substantial seismic retrofit issue, although landlord obtained $49,647 in damages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

Section 1717: Fees As Damages Under Breach Of Contract Claim Must Be Decided By The Jury At Trial, Not The Trial Judge On Noticed Motion

Cases: Fees as Damages, Cases: Section 1717

Jury Right Implicated, With Brandt Being Persuasive On The Issue. Jury.  1918-20.  Library of Congress.             In Monster, LLC v. Superior Court (Beats Electronics, LLC), Case No. B278289 (2d Dist., Div. 7 June 21, 2017) (published), cross-complainant brought a breach of contract cross-claim, alleging that the cross-defendants had caused the company to incur attorney’s fees and

Fee Clause Interpretation/Section 1717: Prevailing Seller Co-Conspirator Defendant In Real Estate Listing Dispute Properly Awarded Fees Under Broadly Worded Fees Clause

Cases: Fee Clause Interpretation, Cases: Section 1717

Section 1717 Reciprocity Principles Applied. Charlie Price Realtor donkey statue, Routes 62 & 82.  John Margolies, photographer.  1993.  Library of Congress.         In Impact Realty, Inc. v. Ortega, Case No. B272040 (2d Dist., Div. 1 June 14, 2017) (unpublished), real estate brokers sued a seller for breach of contract as well as sued a seller and

Section 1717:  Fee Recovery Under Stipulated Martial Settlement Agreement Governed By 1717 Principles, Not Family Law “Need” Precepts

Cases: Section 1717

    $30,308 Fee Award Affirmed On Appeal, Less Than Ex-Wife’s Request For $80,000.               In Marriage of Minkin, Case No. G052947 (4th Dist., Div. 3 May 19, 2017 published; prior unpublished decision under date of April 24, 2017), the family law judge awarded $30,308 to ex-wife out of requested $80,000 in fees to

Scroll to Top