Appellants compete, and we also concur, that the impound of the loans described and you will discussed inside footnote 4 grew regarding interpleader otherwise intervention procedures regarding all of and therefore numerous separate and you will line of states was asserted: Every loans today regarding registry of the all the way down court are made into the legal proceeding from the thus-titled « Mallonee Case » and you will interact with brand new affairs off Connection. Not one of legal advice discussed from the acquisition appealed away from was did concerning the all interpleaders otherwise interventions where the places were made. Along with not one of your legal proceeding and therefore resulted in brand new places into the significant hyperlink Judge has the La Lender asserted any claim to own attorneys’ charges.
So you’re able to inhabit money placed from the registry of your Court to expend the advice having La Lender manage, within our judgment, become an unlawful attack of the home liberties of one’s Financial regarding San francisco represented by their « lien rights » against this money according to research by the notes from Association performed in the their prefer because of the Ammann throughout their appropriate period while the conservator off Relationship. Yes the end result of your buy right here appealed regarding will reduce the fund held inside legal which are safety to own a beneficial appropriate indebtedness owed brand new Bay area Lender – because there are zero general loans within this deposit the end result of your own buy is to require fee of money before, by the court’s very own buy, reserved because the substituted equity securing this new loans due toward San francisco Financial. Because the appellants point out, your order next particularly secures that resulting handicap off security shall not be recovered.
It could and additionally seem that effects of the order out-of the newest legal carry out or may possibly enforce commission of the confronted attorneys’ costs on the newest Government Offers and you can Loan Insurance coverage Agency and therefore turned deeply active in the lawsuits, problems maybe not before us on this attract.
Claim to the brand new honor regarding attorneys’ fees here appealed away from really does perhaps not rest up on any basis of special contract otherwise statutory authorization, and you may instance a basis is not suggested. Anyhow, the audience is certain that award off attorneys’ charges create only be allowable to the « prevailing class » just after a trial into merits – a challenge today from the situation. If the lower court was without legislation of Los angeles Step the order awarding attorneys’ fees usually do not into the one theory be verified. Pick Dubil v. Rayford Camp & Co., nine Cir., 184 F.2d 899, 902; Vicksburg, S. & P. Ry. Co. v. Nattin, D.C., 54 F.2d 712. Neither can also be brand new doctrine regarding law of the situation otherwise res judicata beat a necessary idea and you will determination of the very first jurisdictional concern hidden the newest Los angeles Action.
Claims Offers & Mortgage Co
» We think that the Lender from Bay area try legally in the possession of the debated property and that it is not holding her or him because an excellent « constructive trustee » with the Bank regarding Los angeles.
It is reasonably all of our evaluate one to except if and you will up until La Bank prevailed and you will recovered the possessions previously kept by the one Financial, it’s none authored neither kept a loans out-of and this attorneys’ costs may be paid
Appellees assure united states you to within the prizes of the sorts of here not as much as talk, best achievements otherwise incapacity about lawsuits is an incorrect number. Their dispute would be the fact « the test * * * [is] * * * if the legal actions are conducted when you look at the good-faith as well as on reasonable factor. » The actual situation of Pacific. v. Hise, twenty-five Cal. 2d 822, 155 P.2d 809, 158 A good.L.R. 955, are quoted given that preserving the new propriety and you can legitimacy of your own meantime award so you can appellees about quick circumstances. Various other case allowed to be « straight when you look at the area » are Eggert v. Pacific , 53 Cal. App. 2d 554, 127 P.2d 999.