Appellants participate, and we concur, that impound of one’s funds referred to and you may described inside footnote 4 increased out of interpleader or intervention procedures as to each of which several separate and you can type of claims is actually asserted: All of the financing today on the registry of your straight down courtroom are designed into the proceedings throughout the therefore-titled “Mallonee Case” and you may get in touch with the newest situations out of Connection. None of the legal counsel discussed about purchase appealed away from are performed concerning the some of the interpleaders otherwise interventions where dumps have been made. Plus nothing of your procedures which led to the fresh dumps for the Courtroom comes with the Los angeles Financial asserted people claim to possess attorneys’ fees.
So you can consume the income placed in the registry of your Court to pay counsel to own La Lender would, in our wisdom, feel a criminal invasion of the property legal rights of the Lender out of San francisco represented of the their “lien rights” from this loans according to research by the notes from Connection executed during the their choose because of the Ammann through the their legitimate period as conservator out of Connection. Indeed the result of one’s order right here appealed off operates to reduce the funds held from inside the judge that are security to own a good good indebtedness due this new Bay area Bank – because there are no general financing within this put the end result of your own purchase will be to want payment out-of financing before, of the court’s own acquisition, booked once the substituted equity protecting this new loans due for the San francisco bay area Financial. Since the appellants highlight, the transaction after that particularly guarantees your resulting impairment from equity will not be cured.
It would in addition to see that the aftereffects of your order out of the fresh courtroom create otherwise may possibly enforce commission of the challenged attorneys’ charge through to new Government Coupons and you can Mortgage Insurance coverage Company and that became significantly mixed up in lawsuits, difficulty perhaps not before united states on this attention.
Claim to the fresh award away from attorneys’ charge here appealed away from really does not rest upon people basis out-of special bargain otherwise statutory consent, and you can eg a foundation is not advised. Anyway, we’re persuaded one to award out-of attorneys’ charges would only be deductible with the “prevailing party” just after a shot on merits – problematic now outside of the case. When your lower court payday loans Byers no bank account are instead of legislation of Los angeles Step the order awarding attorneys’ charges dont towards one principle getting affirmed. See Dubil v. Rayford Go camping & Co., 9 Cir., 184 F.2d 899, 902; Vicksburg, S. & P. Ry. Co. v. Nattin, D.C., 54 F.2d 712. Nor normally brand new doctrine out-of laws of one’s instance otherwise res judicata lose a necessary idea and you can devotion of your own earliest jurisdictional question hidden brand new La Action.
Says Coupons & Loan Co
” We think your Financial out of Bay area is legitimately for the hands of your own disputed property and that it is not holding him or her since a “useful trustee” toward Bank of La.
It is also all of our evaluate you to definitely unless of course and you may until La Financial prevailed and recovered the new possessions previously held by one to Lender, it’s got neither composed nor maintained a money from and this attorneys’ charges could be repaid
Appellees to ensure us you to definitely during the awards of one’s sorts of right here around talk, greatest achievements or failure on lawsuits try an untrue number. Their dispute is that “the exam * * * [is] * * * if the lawsuits is actually presented for the good-faith as well as on sensible foundation.” The truth of Pacific. v. Hise, twenty-five Cal. 2d 822, 155 P.2d 809, 158 An effective.L.R. 955, try cited once the sustaining the propriety and you may authenticity of your interim award to help you appellees regarding instantaneous situation. Another instance said to be “squarely into the area” is Eggert v. Pacific , 53 Cal. Application. 2d 554, 127 P.2d 999.