Fee Clause Interpretation, Section 1717: Defendant Prevailing In Easement Dispute Was Entitled To Contractual Fee Award

Easement Agreement Fees Clause Was Broad Enough To Allow For Fee Entitlement.

            In Stark v. Ortiz, Case No. A153680 (1^st Dist., Div. 5 Jan. 24, 2019) (unpublished), defendant won contractual fees in a neighboring landowner easement dispute against a plaintiff. The parties had an Easement Agreement with a fees clause encompassing “any legal action or proceeding arising out of or relating to” the Easement Agreement. The trial court found in favor of defendant on plaintiff’s complaint after defendant dismissed a cross-complaint. The lower court awarded all fees to defendant except for ones relating to the dismissed cross-complaint.

            Plaintiff’s appeal of the fee award was not successful. The fees clause was broad enough to encompass both the declaratory relief claim (for sure) and the intertwined tort claims brought by plaintiff, all of which involved the scope of the Easement Agreement.