Sentences with phrase «contractual fees»

The trial judge then entertained dueling attorney's fees motions from both sides under Civil Code section 1717 based on contractual fee clauses.

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.

Next, on the merits, it is clear that a nonsignatory can be faced with contractual fee exposure where it stands in the shoes of the the party to the contract.

Writing for a 3 - 0 panel, Justice Moore found that Civil Code section 1717 reciprocity principles applied because plaintiff would have recovered contractual fees had he prevailed.

The service provider also tacks on an additional $ 10 - per - month connection fee plus taxes and other contractual fees.

Although we, receive contractual fees from the city, it is less than 8 % of our budget, so we are dependent upon donations and fund - raisers for the majority of our operational costs.

The majority determined that an award of all of the fees for the life of the case was justified in this situation, given the existence of a broad contractual fees clause which led the trial judge to award fees for both SLAPP and other activities.

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).

There, prevailing defendants tried to recoup $ 675,000 in attorney's fees under HOA / contractual fee shifting provisions, even though admitting the matter should have been litigated in small claims court.

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

However, it has to be noted that if a contractual fee waiver, currently in effect through February 2014, is not renewed, the expense ratio may revert to the total gross expense ratio of 1.10 %.

As a sub-servicer, the company earns a contractual fee on a per - loan basis.

The contractual fee waiver does not provide for the recoupment by the Adviser of any fees the Adviser previously waived.

Performance figures shares reflect a contractual fee waiver and / or expense limitation and management fee waiver agreements in effect through 3/1/18, without which total returns may have been lower.

The Investor Class of this $ 977 million, no - load fund sports a net expense ratio of 0.95 % (after a contractual fee waiver through 2015) and a 26 % turnover.

Performance figures reflect a contractual fee waiver and / or expense limitation agreement in effect through 3/1/18, without which total returns may have been lower.

The contractual fee waiver and / or reimbursement does not provide for the recoupment by the Adviser of any fees the Adviser previously waived.

With respect to the contractual fee win by seller, the appellate court agreed that buyers could not be the prevailing parties.

Later, prevailing defendant moved for $ 89,460.90 in fees (including all of its efforts in the case based on a contractual fees clause), with the trial judge deciding the fee number was $ 66,333.72.

Developer then sought to recover attorney's fees under a contractual fees clause to the tune of $ 208,479.30, a request denied by the trial judge and affirmed by the appellate panel in a 3 - 0 decision by Justice Hoffstadt.

The prevailing party sought in excess of $ 4 million in attorney's fees pursuant to a contractual fee - shifting provision.

Unless you have a clear win under a contractual fees clause, a trial judge has discretion to determine who the prevailing party is under Civil Code section 1717.

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.

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.

Opposing attorneys were granted fees under a contractual fees clause in an operative settlement agreement between some of the parties (although the provision could encompass even another non-party attorney to the settlement agreement).