Allocation/Deed Of Trust/Section 1717: Lender Appropriately Awarded $60,000 In Borrower Dispute Under Section 1717

Trial Judge Allocated Compensable Fees Lower From The $128,187.50 Attorney’s Fee Request.

            In Rufini v. CitiMortgage, Inc., Case Nos. A148049/A149410 (1^st Dist., Div. 3 Jan. 30, 2018) (unpublished), borrower lost a loan dispute against lender.  Lender then sought $128,187.0 in attorney’s fees under a deed of trust fees clause, with the trial judge eventually awarding $60,000 after finding some causes of action involved the trust deed.  This conclusion was sustained on appeal.  The breach of implied covenant claims regarding acceleration of the trust deed did arise “on the contract” under Civil Code section 1717 so as to support fee entitlement.  The trial judge did apportion, such that there was no abuse of discretion as to the amounts of fees awarded.