Legal Opinion
Hart v. Clear Recon Corp.
California Court of Appeal, 5th District
Decided September 18, 2018No. B283221PublishedCited by 8 opinions
1Opinion of the CourtRubin, J.
*324Following summary judgment against plaintiffs Sara and Guy Hart in this wrongful foreclosure action, defendant Nationstar Mortgage LLC obtained its attorney's fees as prevailing party, based on a clause in the deed of trust. On appeal from the fee award, the Harts contend the clause in question is not an attorney's fees provision. We agree and reverse.
FACTUAL AND PROCEDURAL BACKGROUND
1. Summary of Litigation1
Sara Hart is the mother of adult son Guy.2 They assert an interest in a house whose title is in the name of Sara's other son, Don Hart. While the intra-family dispute regarding title…
2Cases cited5 opinions
- Cargill, Inc. v. SouzaCalifornia Court of Appeal · 2011
- M. Perez Co. v. Base Camp Condominiums Ass'n No. OneCalifornia Court of Appeal · 2003
- California Wholesale Material Supply, Inc. v. Norm Wilson & Sons, Inc.California Court of Appeal · 2002
- Santa Clara Savings & Loan Assn. v. PereiraCalifornia Court of Appeal · 1985
- Boza v. U.S. Bank NA Ex Rel. Citigroup Mortgage Loan Trust Inc.Court of Appeals for the Ninth Circuit · 2015
3Cited by8 opinions
- Chacker v. JPMorgan Chase Bank, N.A., California Court of Appeal, 5th District2018
- (BK) In Re: BuettnerDistrict Court, E.D. California · 2025
- 8747 Shoreham v. Bank of New York Mellon CA2/1California Court of Appeal · 2021
- Bidasha v. Novastar CA2/5California Court of Appeal · 2020
- Chacker v. JPMorgan Chase Bank, N.A.California Court of Appeal · 2018
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