Losing Party's Financial Ability is Not a Proper Factor in Assessing Contractual Attorney Fee

Plaintiff sued Title Insurance company and other defendants, saying they conspired to induce Plaintiff to take a real estate loan. When Plaintiff lost, Title Insurance sought $2M in attorney's fees pursuant to contractual terms. Defendant opposed saying this would be a financial burden. Held: 'it is inappropriate to consider the losing party‘s financial status as an equitable factor in assessing contractual attorney fees.'
Contributor
About
I am a litigation lawyer, licensed to practice law in the State of California. You can reach me by phone at (310) 286-2000.