Cases: Section 1717

Fee Clause Interpretation/Section 1717: Broadly Worded Fee Clauses In Loan Documents And Guaranties Allowed Bank Entitlement To Substantial Fee Recovery

Cases: Fee Clause Interpretation, Cases: Section 1717

  “Touching Upon” Language Found Especially Persuasive.      Case law under Civil Code section 1717 allows for recovery of fees on a contract claim, and is augment by cases applying Code of Civil Procedure section 1021 if the contractual fees clauses are broad enough to encompass tort claims. Bank, a prevailing cross-defendant below on certain […]

Costs/Fee Clause Interpretation/Section 1717: Quantum Meruit Is Not “On A Contract” Under Section 1717 And Prevailing Attorney Entitled To Routine Costs, But Not Fees Under Ambiguous Fees Clause

Cases: Costs, Cases: Fee Clause Interpretation, Cases: Quantum Meruit, Cases: Section 1717

       In Siciliano v. Singh, Case Nos. E052352/E053582 (4th Dist., Div. 2 Oct. 5, 2012) (unpublished), one attorney won quantum meruit fees based on a voided contingency fee agreement, with both client and attorney seeking recovery of attorney’s fees and costs (even though, ultimately, attorney did beat out–barely–a CCP § 998 offer once routine

Reasonableness Of Fees/Section 1717/Settlement: Plaintiff Breaching Settlement Agreement With Fees Clause Gets Hit With $110,000 In Attorney’s Fees Even Though Specific Settlement Judge Refused To Hear Post-Settlement Fee Motion

Cases: Reasonableness of Fees, Cases: Section 1717, Cases: Settlement

  Fees Were Less Than Requested Based on Defendants’ Excessive Litigation Style, But Were Justified Because Plaintiff Did Everything Possible Not To Pay Under the Settlement.      Civil Code section 1717 fee proceedings are equitable in nature. Don’t think for one moment that trial judges presiding over fee motions do not factor in each side’s

Section 1717: Contract Attorneys Paid Independently Satisfy Trope Standard, And Personal Liability Claims Against Defendant Proving He Was Not Client Did Trigger Fee Recovery–Both Under 1717

Cases: Section 1717

       Soni v. CH&I Technologies, Inc., Case No. B235130 (2d Dist., Div. 8 Oct. 3, 2012) (unpublished) was a very contested donnybrook between an attorney and his former client, in which the president was also sued on the theory he was personally liable under the retainer agreement. Attorney won against former client corporation, garnering

Section 1717/Equity: Individual Defendant’s Recovery Of Fees Against Plaintiff Reversed Because Instrument Cancellation Claim Is Not “On A Contract”

Cases: Equity, Cases: Section 1717

  Claim Is Equitable in Nature, Not Triggering Section 1717 Exposure.      In Gibson v. Deutsche Bank National Trust Co., Case No. A133721 (1st Dist., Div. 4 Oct. 3, 2012) (unpublished), a lower court awarded attorney’s fees to an individual defendant on a cancellation of instrument claim based on the notion that it was an

Prevailing Party: Defendant In State Court Obtaining Dismissal Of Action Due to Exclusive Federal Court Jurisdiction Entitled To Civil Code Section 1717 Attorney’s Fees As Prevailing Party

Cases: Prevailing Party, Cases: Section 1717

  Second District Finds Profits Concepts and PNEC Better Reasoned Than Drummond; Federal Court Denial Of Fees Based On No Contract With Fees Clause Did Not Require Different Result.      Interesting procedural issues were at the forefront in Kandy Kiss of California, Inc. v. Tex-Ellent, Inc., Case No. B234541 (2d Dist., Div. 8 Sept. 21,

Allocation/Secetion 1717: Unity Of Interest Principle Questioned, With One Party Correctly Denied Fees But The Other Did Get An Unqualified Win And A Remand On Fee Determination

Cases: Allocation, Cases: Section 1717

  Denied Winner’s Fee Request Remanded For Apportionment.      Zintel Holdings, LLC v. McLean, Case No. B236139 (2d Dist., Div. 7 Sept. 18, 2012) (published) was an interesting lease slugfest where landlord lost its complaint against long-term tenants (son and mother) and mother lost her retaliatory harassment cross-complaint seeking independent damages on cross-motions for summary

Section 1717/Reasonableness Of Fees: Neighborhood Squabble Resulting In Injury To Dog Results In $ 93,780 Fee Award Based On Breach Of Prior Settlement Agreement

Cases: Reasonableness of Fees, Cases: Section 1717

  Fourth District, Division 3 Also Holds that a Pet Owner May Recover For Mental Suffering Cause By a Trespass Injuring or Killing Owner’s Animal.       Co-contributors Marc and Mike like this one, because they both have dogs—Marc has Watson and Mike has Riffle.      The Fourth District, Division 3 in Plotnik v. Meihaus, Case

Indemnity/Section 1717: Prevailing Alter Ego Defendant Awarded $134,469.36 On Contract Claim, But Properly Not Allowed Fee Recovery On Fraud Claim

Cases: Indemnity, Cases: Section 1717

  Fourth District, Division 1 Questions Validity of Hilltop Decision.      A prevailing alter ego defendant was awarded $134,469.36 out of a requested $353,047.50 in attorney’s fees based on Civil Code section 1717 and the Reynolds case [one of our Leading Cases], but was denied recovery of fees for successfully defending on a fraud claim

Fee Clause Interpretation/Section 1717: Broadly Worded Fee Clauses In Note And Deed Of Trust Meant Former Conservator’s Win Against Lender Resulted In Substantial Fee Award

Cases: Fee Clause Interpretation, Cases: Section 1717

  To the Victor, $233,33.75 in Fees, and Lender’s Appeal Did Not Upset Things.     “To the victor belong the spoils.”  Puck.  1914.  Library of Congress.       Lane v. U.S. Bank National Assn., Case Nos. A131087/A132432 (1st Dist., Div. 1 Aug. 28, 2012) (unpublished) is a good case for any practitioners needing a discussion of

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