The Fees Provision Was Not A True Attorney Fees Provision As It Allowed Lender To Add Attorney Fees To The Indebtedness, But Did Not Allow For Fee Recovery As A Separate Award.
In Cho v. Patel, Case No. B312306 (2d Dist., Div. 5 September 12, 2022) (unpublished), prevailing plaintiff in a quiet title action sought attorney fees pursuant to a deed of trust fees provision. However, the trial court denied plaintiff’s fees motion – citing Chacker v. JP Morgan Chase Bank, N.A., 27 Cal.App.5th 351, 357 (2018) [discussed in our September 20, 2018 post] and Hart v. Clear Recon Corp., 27 Cal.App.5th 322, 327 (2018) [discussed in our September 19, 2018 post] – determining that the attorney fees provision in the deed of trust was not a true attorney fees provision as it did not allow fee recovery as a separate award from litigation. The 2/5 DCA affirmed.
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