Appellants vie, therefore we consent, the impound of the financing labeled and you will revealed inside the footnote 4 increased off interpleader otherwise intervention procedures concerning every one of which multiple separate and you may line of claims try asserted: All of the fund now throughout the registry of the down judge are produced when you look at the process regarding the therefore-titled “Mallonee Instance” and connect with the brand new facts of Organization. Nothing of your own legal advice discussed in the acquisition appealed out of is actually did about the all interpleaders or treatments where in fact the dumps have been made. Along with nothing of your proceedings hence lead to new dumps when you look at the Court gets the Los angeles Lender asserted people allege getting attorneys’ charges.
In order to consume the funds placed on registry of your own Court to blow the recommendations to have Los angeles Financial would, within judgment, end up being an unlawful attack of the property legal rights of one’s Bank regarding San francisco bay area portrayed from the the “lien rights” from this funds in line with the notes out-of Relationship conducted in the the like of the Ammann during their valid period as conservator out of Association. Certainly the end result of one’s acquisition right here appealed of operates to slow down the finance kept in the judge which happen to be security to own a good legitimate indebtedness due the latest San francisco bay area Financial – because there are zero general money within this put the outcome of the purchase will be to need payment out of money previously, of the court’s very own buy, kepted as the substituted equity securing brand new debt due into San francisco Financial. Just like the appellants highlight, the order subsequent specifically insures your resulting handicap regarding equity should never be healed.
It could also see that negative effects of the order from the newest legal manage otherwise may also impose payment of your confronted attorneys’ costs upon the latest Government Discounts and you can Loan Insurance policies Enterprise and therefore turned into seriously active in the legal actions, a problem not just before you about this interest.
Claim to the newest award out of attorneys’ charges here appealed regarding really does perhaps not other individuals through to people base of special contract or statutory consent, and you will eg a basis is not advised. Anyhow, we have been certain that prize regarding attorneys’ charge manage simply be deductible to the “prevailing class” just after a shot into deserves – a challenge now outside of the circumstances. In case the all the way down legal are instead of legislation of one’s La Action the order awarding attorneys’ fees never for the any theory getting affirmed. Select Dubil v. Rayford Camp & Co., 9 Cir., 184 F.2d 899, 902; Vicksburg, S. & P. Ry. Co. v. Nattin, D.C., 54 F.2d 712. Nor is the doctrine out-of law of case or res judicata eliminate an essential thought and determination of your own basic jurisdictional matter underlying the fresh La Step.
States Coupons & Financing Co
” We think your Lender out-of San francisco was lawfully for the palms of your own debated property and this is not holding him or her as an excellent “constructive trustee” towards Financial from La.
It’s very our very own view one except if and you may up to Los angeles Financial been successful and recovered the brand new property previously held by the that Financial, it offers neither written nor kept a financing of which attorneys’ costs can be paid back
Appellees to make certain united states one inside honours of particular here around talk, greatest profits or inability in the legal actions are a bogus amounts. Their dispute is loans Wadley that “the exam * * * [is] * * * whether or not the lawsuits was conducted during the good faith and on practical factor.” The outcome from Pacific. v. Hise, twenty-five Cal. 2d 822, 155 P.2d 809, 158 A.L.Roentgen. 955, are quoted because the sustaining new propriety and you can legitimacy of the interim award so you’re able to appellees on immediate circumstances. Various other circumstances allowed to be “straight into the area” is Eggert v. Pacific , 53 Cal. App. 2d 554, 127 P.2d 999.
