Appellants compete, and now we agree, that the impound of one’s financing regarded and you can payday loan Opelika revealed within the footnote 4 increased away from interpleader otherwise input legal proceeding concerning each one of and that numerous independent and you can distinct states try asserted: All money today on registry of your down judge are designed inside legal proceeding on so-named “Mallonee Case” and you may relate with the newest points away from Connection. Not one of your own legal counsel described regarding the purchase appealed of was did concerning the any of the interpleaders otherwise treatments the spot where the deposits were made. And in nothing of the process hence resulted in brand new places within the Courtroom contains the La Lender asserted any claim having attorneys’ fees.

So you can undertake the income deposited regarding the registry of one’s Court to expend counsel to have Los angeles Bank would, within our view, end up being an unlawful attack of the property liberties of one’s Financial regarding San francisco bay area depicted by the its “lien legal rights” from this financing in accordance with the notes of Connection done from inside the the favor by Ammann throughout the his legitimate tenure as the conservator out of Organization. Yes the outcome of your purchase right here appealed out-of operates to slow down the funds kept when you look at the court that are shelter to have good appropriate indebtedness owed the newest Bay area Financial – because there are zero standard financing inside put the effect of one’s purchase should be to require percentage regarding loans before, because of the court’s individual acquisition, kepted since substituted equity protecting the obligations due to your San francisco Financial. As appellants highlight, the transaction after that particularly insures that the ensuing handicap from collateral shall never be recovered.

It could along with hunt the outcomes of the transaction away from new legal create otherwise may also enforce fee of your own confronted attorneys’ charge on this new Government Discounts and Financing Insurance Company hence became seriously involved in the lawsuits, problems not ahead of us about appeal.

State they this new honor out of attorneys’ costs here appealed regarding really does maybe not others on people base from special package otherwise statutory agreement, and you may including a foundation is not ideal. In any event, our company is persuaded one prize off attorneys’ charges create just be deductible on “prevailing class” once a go into the deserves – a challenge now out of the instance. Should your straight down legal are as opposed to legislation of your own Los angeles Step the order awarding attorneys’ costs you should never to your one principle end up being confirmed. Look for 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. Nor normally brand new doctrine away from laws of your situation otherwise res judicata treat an important believe and dedication of your own first jurisdictional concern hidden the fresh Los angeles Action.

Claims Savings & Financing Co

” We feel the Bank away from San francisco bay area is legally into the fingers of your own disputed assets and this is not carrying her or him due to the fact a good “positive trustee” towards Lender of Los angeles.

It’s very all of our see that unless of course and you will up until Los angeles Lender been successful and you will recovered the property formerly held of the one to Bank, it offers neither authored nor managed a loans of hence attorneys’ costs are paid off

Appellees to make sure us that for the awards of your own form of here significantly less than discussion, greatest success otherwise inability regarding the litigation are an incorrect wide variety. Its argument would be the fact “the test * * * [is] * * * perhaps the legal actions try used inside the good-faith as well as on practical grounds.” The scenario away from Pacific. v. Hise, twenty five Cal. 2d 822, 155 P.2d 809, 158 A good.L.Roentgen. 955, is actually quoted once the retaining new propriety and you may validity of the meantime honor to appellees throughout the instantaneous circumstances. Some other instance allowed to be “straight inside the part” is Eggert v. Pacific , 53 Cal. Software. 2d 554, 127 P.2d 999.