Quarter Reduction Reasonable and Fees Not Extraordinary Based on Full Payoff.
Here is one that we chalk up to “what are we all doing here” … subject to the caveat of maybe there is something we don’t know about.
In Wells Fargo Home Mortgage, Inc. . Cadlerock Jt. Venture, L.P., Case No. B229409 et al. (2d Dist., Div. 1 Aug. 30, 2012) (unpublished), Cadlerock notified opponent of an intent to foreclose a trust deed even though the Nguyens said “hay, we have already paid in full.” Nguyens prevailed under contractual attorney’s fees clauses under loan documents, reaping $272,400 in fees.
Wells Fargo & Co. Bldg., 1934, Folsom, California. Library of Congress.
Opponent’s appeal did not get much traction. After all, Nguyens’ requested $363,200 in fees was reduced by about 25% by the trial court based on a settlement of slander of title claim. Beyond that, there no abuse of discretion in awarding the amount of fees, because it was somewhat extraordinary that a lender would be litigating a “full payment” type of dispute.
The decision was authored by Presiding Justice Mallano on behalf of a 3-0 panel affirming the fee award.
