Appellants vie, therefore we concur, your impound of one’s loans described and you may revealed when you look at the footnote 4 became off interpleader or intervention procedures concerning all of hence multiple separate and you will type of says is asserted: All money today in the registry of the lower courtroom were created for the procedures regarding the very-named “Mallonee Instance” and you will relate to new items out-of Organization. Nothing of one’s legal advice revealed regarding acquisition appealed out of was performed in connection with all interpleaders or treatments where in actuality the deposits have been made. And also in nothing of one’s procedures which contributed to the new places when you look at the Legal contains the Los angeles Lender asserted any claim for attorneys’ costs.
In order to entertain the money transferred on the registry of your own Court to invest counsel having La Financial do, in our judgment, getting a violent intrusion of the home liberties of the Bank of San francisco represented by their “lien legal rights” against this fund in line with the notes regarding Relationship done when you look at the their prefer by Ammann throughout his valid period because the conservator out-of Connection. Certainly the outcome of the acquisition right here appealed off will slow down the loans stored inside legal which happen to be defense to have a valid indebtedness owed the newest Bay area Financial – because there are no general finance inside deposit the effect of your own purchase is always to want fee out-of loans prior to now, by the court’s individual acquisition, kepted once the replaced collateral protecting this new loans owed to your Bay area Lender. As the appellants mention, the transaction then especially means the ensuing disability americash loans Satsuma out-of security shall not recovered.
It would as well as seem your negative effects of the order of the fresh legal create otherwise may also impose commission of the confronted attorneys’ charges upon brand new Federal Deals and you can Mortgage Insurance rates Business which turned seriously active in the litigation, difficulty maybe not prior to united states on this focus.
Claim to the fresh new honor away from attorneys’ fees here appealed of really does maybe not other people abreast of one foundation out of special package or statutory agreement, and such as for instance a grounds is not suggested. In any event, the audience is certain you to definitely honor off attorneys’ costs would only be allowable towards the “prevailing group” once a try towards merits – problematic today outside of the circumstances. In case your straight down courtroom is versus legislation of your own Los angeles Step the transaction awarding attorneys’ charges try not to towards any concept feel confirmed. Pick Dubil v. Rayford Go camping & Co., nine Cir., 184 F.2d 899, 902; Vicksburg, S. & P. Ry. Co. v. Nattin, D.C., 54 F.2d 712. Nor is also the brand new doctrine away from rules of the instance or res judicata eliminate an important attention and you may commitment of your own very first jurisdictional concern fundamental the newest Los angeles Action.
Says Coupons & Loan Co
” We feel the Lender from San francisco bay area are lawfully inside arms of your debated assets and that it isnt holding him or her while the a great “useful trustee” towards the Financial regarding La.
It’s very our very own evaluate you to definitely except if and you will up until La Bank been successful and you can recovered the new assets earlier held because of the one Lender, it’s got none authored nor maintained a finance regarding and that attorneys’ charges is generally paid back
Appellees assure us one to in the honours of one’s particular here significantly less than conversation, biggest profits or inability regarding the litigation try a false wide variety. Their conflict is that “the test * * * [is] * * * whether or not the litigation is actually used from inside the good faith as well as on realistic grounds.” Your situation regarding Pacific. v. Hise, twenty five Cal. 2d 822, 155 P.2d 809, 158 A beneficial.L.R. 955, was cited as the retaining the new propriety and you may authenticity of meantime prize to help you appellees regarding immediate case. Some other situation allowed to be “squarely for the part” was Eggert v. Pacific , 53 Cal. Application. 2d 554, 127 P.2d 999.