Appellants vie, and in addition we consent, the impound of your money labeled and you may demonstrated during the footnote 4 increased of interpleader otherwise input process on all of which online loan Needham numerous independent and you may type of says was asserted: All of the funds today in the registry of straight down judge manufactured during the procedures regarding thus-entitled “Mallonee Case” and you may relate solely to the brand new factors out-of Connection. Nothing of your legal counsel explained on the order appealed away from was performed concerning the some of the interpleaders or treatments where deposits were made. Plus nothing of process and that lead to the new dumps inside the Legal has the La Financial asserted people allege for attorneys’ costs.
To reside the money deposited regarding the registry of your Court to spend counsel to have Los angeles Financial do, within our judgment, end up being a violent attack of the house legal rights of Lender out of San francisco portrayed of the its “lien liberties” against this fund in accordance with the cards of Association carried out in the the choose of the Ammann through the their good period due to the fact conservator out of Association. Yes the effect of order here appealed away from operates to reduce the financing held inside the court which happen to be safety to have a great valid indebtedness owed the newest San francisco bay area Lender – since there are no general financing in this put the result of the purchase is to try to want commission from money previously, of the court’s very own acquisition, arranged because replaced guarantee protecting new obligations due to your San francisco Lender. As appellants mention, the order next especially makes sure the ensuing impairment out-of guarantee will not be healed.
It can and additionally look that effects of your order of brand new court carry out or may additionally impose payment of one’s challenged attorneys’ fees abreast of the Government Offers and you may Loan Insurance rates Company which became significantly active in the lawsuits, problems maybe not just before united states with this notice.
State they the newest award off attorneys’ fees here appealed from really does maybe not other people upon any basis out-of unique bargain otherwise statutory consent, and you can instance a basis isnt ideal. Anyhow, we have been persuaded that honor off attorneys’ fees would only be deductible toward “prevalent group” immediately after a trial toward deserves – problems now out of the instance. When your lower judge try instead jurisdiction of your Los angeles Step your order awarding attorneys’ charges don’t into one principle end up being verified. 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. Neither can also be the brand new doctrine out-of legislation of the circumstances or res judicata dump an important idea and you can dedication of one’s first jurisdictional matter fundamental the latest Los angeles Step.
States Coupons & Financing Co
” We believe that Lender out of San francisco bay area try legally inside the possession of disputed assets and that it isnt holding him or her due to the fact an excellent “positive trustee” towards Lender away from La.
It is extremely our very own examine one to unless of course and up to La Lender succeeded and you can recovered the brand new possessions earlier held by one Financial, it’s got neither authored nor kept a financing regarding which attorneys’ fees is reduced
Appellees to make certain all of us that in honors of one’s type right here less than discussion, biggest profits otherwise incapacity on the litigation is actually an untrue number. Their disagreement would be the fact “the exam * * * [is] * * * whether the lawsuits try presented into the good faith and on reasonable grounds.” The fact regarding Pacific. v. Hise, twenty-five Cal. 2d 822, 155 P.2d 809, 158 Good.L.R. 955, try cited because the preserving new propriety and you may authenticity of your own interim award to help you appellees throughout the quick situation. Some other circumstances supposed to be “directly for the part” are Eggert v. Pacific , 53 Cal. Application. 2d 554, 127 P.2d 999.