Sentences with phrase «contractual fees clause»

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).

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).

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.

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.

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.

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.

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.

Not exact matches

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.

The question in Quesnel v. Groupe Jean Coutu was whether a contractual clause providing for a pharmacist - owner in the Jean Coutu chain of drugstores to pay a franchise fee on revenues from the sale of medicines contravened public policy and s. 49 of the Code of Ethics of pharmacists in Quebec.

They then moved for contractual attorney's fees based on a fees clause (to the tune of $ 84,640), only to be rebuffed by the trial judge.