Sentences with phrase «contractual fee awards»

This next case deals with contractual fee awards under Civil Code section 1717 and fees assessed against a party that lost a lis pendens expungement motion.

Losing party hit with a $ 19,125 contractual fee award appealed in White v. Taylor, Case No.

Not exact matches

For example, in Colorado civil cases, some of the more common grounds for an award of attorneys» fees to a defending party are: (a) a two - sided contractual fee shifting term, (b) dismissal of the case before filing an answer for failure to state a claim when tort claims were asserted, (c) a determination that the suit was groundless, frivolous or vexatious, (d) violation of certain rules relating to disclosure of information to the other party, (e) a statutory fee shifting provision in the case of a claim based upon a statutorily created right which is present in some statutes but not others.

In California, section 1717 will render the clause reciprocal in operation such that nonsignatory plaintiffs face exposure if they would have been entitled to a fee award under the contractual clause.

Two lessons are learned in this case: (1) the winning party must demonstrate that the losing party would have recovered under the contractual fee clauses vis - à - vis winning party in order to be entitled to a potential fee recovery; and (2) a writ of mandate is the exclusive mechanism to obtain review of a lis pendens expungement or associated fee award, rather than an appeal.

Over 1000 opinions have cited PLCM Group, in which Laurie established that companies represented by in - house counsel can recover contractual attorney fees, and that reasonable market rates control the award.

The trial judge awarded $ 100,152 in contractual attorney's fees after City won, triggering an appeal by guarantor.

Then, the trial judge awarded total attorney's fees of $ 113,096.33 out of a requested $ 118,096.33 pursuant to a contractual fees clause.

The trial judge awarded $ 110,077.56 pursuant to a contractual fees clause, an order affirmed on appeal in a case involving basically two parties.

Later, the trial judge awarded landlord $ 324,533.50 in attorney's fees as the prevailing party under Civil Code section 1717 (based on a broadly - worded contractual fees clause).