Magilton v. Holbert

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a term’s “ordinary and 19 popular” meaning controls, unless the parties used a technical or special meaning
• holding that fees provision 28 with “arising out of” language was broad enough to cover both 10 1 tort and contract claims
• holding that fees provision 28 with “arising out of” language was broad enough to cover both 10 1 tort and contract claims
• recognizing that a party may recover attorney’s fees on a contract where a party “defends the litigation ‘by successfully arguing the inapplicability, invalidity, unenforceability, 3 or nonexistence of the same contract’” (citation omitted)
• holding that seller defendants in real estate sales litigation have a right to recover as costs the attorney fees they incurred in defense of the fraud claims under the broad language of the relevant attorney’s fees clause
• affirming that section 1717 applies to attorney fee provisions implicated in actions to enforce contract claims

Source: CourtListener parenthetical corpus (CC0).