Cirimele v. Shinazy

29 Citing cases

  1. Hobson v. Orthodontic Centers of America, Inc.

    NO. CIV. S-02-0886 WBS PAN (E.D. Cal. Jun. 19, 2007)   Cited 3 times

    "A contract for a reasonable attorney's fee in enforcing its provisions embraces an allowance for legal services rendered upon appeal as well as during the trial." Cirimele v. Shinazy, 134 Cal. App. 2d 50, 52 (1955) (citing Hahn v. Hahn, 123 Cal. App.2d 97, 103 (1954)). C. Lodestar Calculation

  2. Rader v. Thrasher

    57 Cal.2d 244 (Cal. 1962)   Cited 40 times
    In Rader v. Thrasher, 57 Cal.2d 244, 368 P.2d 360, 18 Cal.Rptr. 736 (1962), the court merely asserted that "a contingent fee contract, since it involves a gamble on the result, may properly provide for a larger compensation than would otherwise be reasonable."

    "If the trial court may make an appraisal and adjudication of value of such services, it must be presumed that appellate courts possess like power and ability so to do." See also Denio v. City of Huntington Beach (1943) 22 Cal.2d 580, 591 [3] [ 140 P.2d 392, 149 A.L.R. 320]; Genis v. Krasne (1956) 47 Cal.2d 241, 246 [2] [ 302 P.2d 289]; Cirimele v. Shinazy (1955) 134 Cal.App.2d 50, 52 [4] [ 285 P.2d 311, 52 A.L.R.2d 860]. Having the power and the ability to adjudicate the value of legal services (where the record shows the character, and extent of such services) it is my view that we should be able to determine from the record here whether an "advantage" was taken by plaintiff over the defendant.

  3. Wilson v. Wilson

    54 Cal.2d 264 (Cal. 1960)   Cited 56 times

    "A contract for a reasonable attorney's fee in enforcing its provisions embraces an allowance for legal services rendered upon appeal as well as during the trial." ( Dankert v. Lamb Finance Co., 146 Cal.App.2d 499, 503-504 [ 304 P.2d 199]; Cirimele v. Shinazy, 134 Cal.App.2d 50-52 [ 285 P.2d 311, 52 A.L.R.2d 860].) Accordingly, plaintiff is entitled to attorneys' fees on this appeal, and it appears that seven hundred and fifty dollars is a reasonable sum to be allowed for that purpose.

  4. Roberts v. Brian

    30 Cal.App.3d 427 (Cal. Ct. App. 1973)   Cited 15 times
    In Roberts, as in the case before us, the right to attorneys' fees is statutory and, therefore, the trial court had jurisdiction to make an award.

    ' [Citations.]" ( Wilson v. Wilson, 54 Cal.2d 264, 272 [ 5 Cal.Rptr. 317, 352 P.2d 725]; Cirimele v. Shinazy, 134 Cal.App.2d 50, 52 [ 285 P.2d 311, 52 A.L.R.2d 860]) so too does the statute here. (See Painter v. Estate of Painter, 78 Cal. 625 [21 P. 433].)

  5. Rabinowitch v. Cal. Western Gas Co.

    257 Cal.App.2d 150 (Cal. Ct. App. 1967)   Cited 30 times
    Stating that "when the language used in a written instrument is ambiguous, parol evidence may be received to aid the trial judge in ascertaining the true intent of the parties, that is, to determine what the parties meant by what they said."

    ( Wilson v. Wilson (1960) 54 Cal.2d 264, 272 [ 5 Cal.Rptr. 317, 352 P.2d 725]; Genis v. Krasne (1956) 47 Cal.2d 241, 248 [ 302 P.2d 289].) Either this court may fix the reasonable amount of attorneys' fees on appeal ( Wilson v. Wilson, supra, at p. 272; Cirimele v. Shinazy (1955) 134 Cal.App.2d 50, 52 [ 285 P.2d 311, 52 A.L.R.2d 860]), or such fees may be determined by the trial court when it determines costs. (Code Civ. Proc., § 1034; Genis v. Krasne, supra, at p. 248.)

  6. Erbe Corp. v. W & B Realty Co.

    255 Cal.App.2d 773 (Cal. Ct. App. 1967)   Cited 4 times

    [7] In addition, the trial court properly awarded attorney's fees pursuant to the lease provision supporting such an award, and respondent is entitled to attorney's fees on appeal under the same provision. ( Cirimele v. Shinazy, 134 Cal.App.2d 50 [ 285 P.2d 311, 52 A.L.R. 2d 860].) "It is established in this state that a contract which provides for reasonable attorney's fees in conjunction with the enforcement of its provisions embraces an allowance for legal services rendered upon appeal as well as during the trial and that the appellate court has authority to set reasonable attorney's fees. [Citations.]"

  7. U.S. Leasing Corp. v. DuPont

    64 Cal. Rptr. 120 (Cal. Ct. App. 1967)   Cited 4 times

    The trial court awarded $14,180.61 as reasonable attorneys' fees and expenses incurred in the prosecution of this action to the time of the judgment. In Cirimele v. Shinazy (1955) 134 Cal.App.2d 50, 285 P.2d 311, 52 A.L.R.2d 860, the court distinguished between legal services actually rendered, and those reasonably necessary. The opinion states: 'The 'reasonable attorney fee' for which the lease provides in case suit is brought for recovery of rent is not necessarily guaged by the legal services actually rendered.

  8. Coronet Credit Corp. v. West Thrift Co.

    244 Cal.App.2d 631 (Cal. Ct. App. 1966)   Cited 26 times

    [13] It is established in this state that a contract which provides for reasonable attorney's fees in conjunction with the enforcement of its provisions embraces an allowance for legal services rendered upon appeal as well as during the trial and that the appellate court has authority to set reasonable attorney's fees. ( Wilson v. Wilson, 54 Cal.2d 264, 272 [ 5 Cal.Rptr. 317, 352 P.2d 725]; Dankert v. Lamb Finance Co., 146 Cal.App.2d 499, 503-504 [ 304 P.2d 199]; Cirimele v. Shinazy, 134 Cal.App.2d 50, 52 [ 285 P.2d 311, 52 A.L.R.2d 860]; Hahn v. Hahn, 123 Cal.App.2d 97, 103 [ 266 P.2d 519]; Coordinated Constr., Inc. v. Canoga Big "A," Inc., 238 Cal.App.2d 313, 320 [ 47 Cal.Rptr. 749].) Accordingly, we find the sum of $350 to be a reasonable sum for attorney's fees on this appeal.

  9. Coordinated Construction, Inc. v. Canoga Big "A,"

    238 Cal.App.2d 313 (Cal. Ct. App. 1965)   Cited 32 times
    In Coordinated Construction, Inc., supra, defendant's attorney failed to consider a time limitation rule providing for the filing of responses to petitions to confirm or vacate an arbitration award.

    Respondent has requested that this court award respondent reasonable attorney's fees in the amount of $1,500 which is the amount that respondent has incurred. Since this court has authority to set reasonable attorney's fees (see Cirimele v. Shinazy, 134 Cal.App.2d 50, 52 [ 285 P.2d 311, 52 A.L.R.2d 860]) for the appeal, we find the sum of $1,500 to be a reasonable sum to be allowed for attorney's fees on this appeal. The judgment and orders are affirmed and the appellant is ordered to pay to respondent attorney's fees in this appeal in the amount of $1,500.

  10. Rio Vista Gas Assn. v. State of California

    188 Cal.App.2d 555 (Cal. Ct. App. 1961)   Cited 10 times
    Using the terms "fee simple absolute" and "fee title absolute" interchangeably

    Said respondent points to section 647 of the Government Code which provides that at the time of filing any action against the state the plaintiff shall file an undertaking "conditioned upon payment by the plaintiff of all costs incurred by the State in the suit, including a reasonable counsel fee to be fixed by the court, if plaintiff fails to recover judgment in the action." The trial court awarded respondent state the sum of $750 as and for counsel fees for legal services in the superior court. [6] As stated in Cirimele v. Shinazy, 134 Cal.App.2d 50, at page 52 [ 285 P.2d 311, 52 A.L.R.2d 860]: "A contract for a reasonable attorney's fee in enforcing its provisions embraces an allowance for legal services rendered upon appeal as well as during the trial. ( Hahn v. Hahn, 123 Cal.App.2d 97, 103 [ 266 P.2d 519].)" (See also Anderson v. Hiatt, 181 Cal.App.2d 9, 12 [ 4 Cal.Rptr. 858].)