Sentences with phrase «fee clause»

A late fee clause would cover any penalties the borrower would have to pay if the regular payment was not made on time.

Even though the limited partnership fees clause was broad, it did not define «prevailing party» such that general principles applied.

Make sure to locate the early termination fee clause before signing a new contract, and consider how much it might cost you to change your mind.

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).

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

Adopts Standing Order Requirement That Class Counsel Disclose Third Party Litigation Funding In Class Actions Main Fee Clause Interpretation, Homeowner Associations, Section 1717: Large Fee Recovery To Prevailing Defendants In Common Interest Development Parking Space Dispute With Other Homeowners Reversed»

It also found the contrary Windsor decision to be distinguishable, involving a much broader fees clause.

The German champions have already confirmed they will be signing Mario Gotze after they activated a release fee clause in the midfielder's contract.

It did prevail eventually, but the trial judge concluded no fee recovery was allowable because the assertion of an affirmative defense did not fall within the definition of the option agreement fees clause allowing recovery when «an action» or «a proceeding» was brought.

The primary legal infirmity was that the operative fees clause said both sides would bear their own fees, except for an indemnification dispute — and that type of dispute was not at issue in the case.

Shakhtar's Brazilian midfielder Fernandinho wants the club the lower his release fee clause so that he can join Manchester City this summer.

For obvious reasons, kill fee clauses are onerous for authors, who... -LSB-...]

The equitable, nonmonetary claims for quiet title, declaratory relief, and injunction were «on the contract» under Civil Code section 1717, and the DOT fees clause was broad enough to encompass the monetary tort claims.

With respect to the negligent misrepresentation claim, buyers might be the prevailing parties based on a broad fees «arising out of» fees clause depending on what the trial court does on remand as far the damages recalculation.

Beyond that, the reviewing court found it would be unfair to charge the parties with Windsor's 2013 interpretation for the 2010 fees clause where earlier decisions found that a defense was not the equivalent of an «action.»

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.

The trial judge awarded guarantors $ 389,712.95 as prevailing parties under Civil Code section 1717, which made the pro-Bank, unilateral fees clause reciprocal in nature.

The appellate court examined the contractual clauses relied on by the lower court, determining they were indemnification provisions (plaintiffs» duty to indemnify Dollarstore against third party claims based on plaintiffs» breach), but not containing any express attorney's fees clause running against defendants.

G039077 that an Oklahoma ex-employee winning a motion to quash service of a California action for lack of personal jurisdiction against a California - based employer was entitled to an award of attorneys fees as the prevailing party under a contract containing an attorneys fees clause.

Here, after two banks prevailed in a nonjudicial foreclosure challenge by borrowers, the trial judge awarded both $ 137,150 in attorney's fees under note and trust deed fee clauses.

We have blogged on many cases that underscore this truth, but the next case does it emphatically in the context of a settlement agreement with a clear fees 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.

Plaintiff offered an expert declaration by a real estate broker to the effect that residential leases at the time and place where plaintiff leased her apartment customarily included fee clauses.

Although the rental fees clause was broad enough to cover tort claims, the trial judge did not err in adopting a pragmatic approach to a «prevailing party» determination, with plaintiff getting what she wanted — defendant's departure from the house.

There, a cross-defendant Bank obtained a summary judgment against a cross-complainant, which was not a signatory under a construction loan agreement with a narrow fees clause relating only to the loan agreement.

Then, tenant was granted $ 73,125 in attorney's fees under a lease fees clause (out of a requested $ 107,217).

Both plaintiff and trustee moved for routine costs and attorney's fees under broadly worded fees clauses in the deed of trust.

Posted at 01:30 PM in Cases: Costs, Cases: Fee Clause Interpretation, Cases: Quantum Meruit, Cases: Section 1717 Permalink Comments (0) TrackBack (0)

Third District Affirms Award of Lis Pendens Expungement Fees to Brokers and Sustains Denial of Attorney's Fees to Brokers Under Real Estate Purchase Agreement Fee Clause.

The 2/1 DCA decided that a nonsignatory defendant did not show a basis for fee recovery after engaging in such an analytical review of the operative fee clauses and substantive lawsuit claims.

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).

Assignors are well advised to think carefully before making an assignment of a contract with a fees clause.

3 Mar. 11, 2010)(unpublished), a signatory of a contract with a fees clause was hit with a $ 71,000 damages award arising out of a radio station purchase dispute and a subsequent $ 99,263.40 fee award as well as $ 14,912.06 costs award.

The lower court then found that seller was the prevailing party and awarded him $ 456,032.50 in attorney's fees and $ 21,057.35 in costs based on a fees clause in the real estate purchase agreement.

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.

In the area of fee recovery, a claimant must show fee entitlement, which generally focuses on a precise analysis of the fee clause wording and the claims upon which fees are sought.

The winning party under a fees clause in an easement instrument sought $ 1,820,282.98 in fees as the prevailing party.

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.

Finally, section 1717 was no salvation to developer, given that developer's negligence claim was not «on the contract,» reinforcing that section 1717 does not «reform» a fees clause breadth but only makes a unilateral clause reciprocal in nature.

Guarantors defensed B of A's efforts to collect on the guaranty, with guarantors moving for attorney's fees under a fees clause in a contract having a New Mexico choice - of - law provision.

The defense was then awarded over $ 1.79 million against plaintiff based on a fees clause in a written Stock Purchase Agreement.

The trial judge then awarded defendants $ 75,500 in attorney's fees out of a requested $ 190,939.60 based on a fees clause in the pertinent deed of trust.

Fee Shifting in Overtime Wage Statute Trumps Contract's Attorney's Fee Clause, Los Angeles Daily Journal, (October 21, 2002)(Download PDF)

After observing that Civil Code section 1717 only makes non-mutual clauses mutual but does not otherwise impact the interpretation of the fee clauses themselves, it found that judicial admissions, the agency relationship between one bank and the other, and breadth of the trust deed language all supported a conclusion that the fee award was proper.