Appellants participate, therefore we concur, the impound of one’s finance known and you may explained within the footnote cuatro became off interpleader or intervention legal proceeding concerning each one of and this several independent and you will distinct says is actually asserted: All finance now about registry of the lower courtroom are made within the proceedings on the thus-named «Mallonee Instance» and you may get in touch with the fresh new situations from Association. Not one of your own legal advice explained regarding the buy appealed out of was performed regarding the the interpleaders or treatments where the deposits have been made. And also in nothing of the process and therefore lead to the fresh new deposits inside the Judge contains the La Financial asserted people claim to own attorneys’ fees.

So you can invade the income placed regarding the registry of the Legal to invest the recommendations for La Lender would, in our wisdom, become an unlawful intrusion of the property rights of the Lender from San francisco portrayed of the the «lien rights» from this finance according to research by the cards regarding Relationship done during the its like because of the Ammann during the their appropriate tenure since conservator away from Organization. Yes the end result of your own order here appealed out of will reduce the funds stored during the judge which can be safety to own a beneficial legitimate indebtedness owed the newest Bay area Financial – because there are zero general financing within this put the outcome of the order would be to require payment out-of money prior to now, from the court’s very own order, kepted given that substituted collateral protecting the new financial obligation due into Bay area Financial. As the appellants mention, the order after that particularly makes sure that resulting disability out-of security should not be recovered.

It could including see that effects of the transaction of the fresh court create otherwise may additionally demand percentage of one’s confronted attorneys’ costs upon the fresh new Government Coupons and Mortgage Insurance Company which became deeply mixed up in lawsuits, difficulty not before united states with this desire.

State they the fresh prize of attorneys’ costs here appealed out of do maybe not others abreast of one base from special package or statutory consent, and you may for example a grounds isnt ideal. In any event, we’re persuaded you to honor regarding attorneys’ costs create only be deductible to your «prevailing team» immediately following an attempt on the merits – a challenge now from the small loan companies Redstone Arsenal case. If for example the lower judge are without legislation of your Los angeles Action the order awarding attorneys’ fees do not on any theory be affirmed. Look for Dubil v. Rayford Go camping & Co., nine Cir., 184 F.2d 899, 902; Vicksburg, S. & P. Ry. Co. v. Nattin, D.C., 54 F.2d 712. Neither is also new philosophy from legislation of the situation otherwise res judicata dump a required said and devotion of your basic jurisdictional question fundamental the newest La Step.

Claims Deals & Loan Co

» We believe that the Lender from Bay area is actually legally from inside the possession of the disputed possessions and this is not carrying her or him because the an excellent «useful trustee» for the Lender off La.

It’s very all of our view you to unless and you may up until Los angeles Financial prevailed and you may recovered the newest assets previously kept because of the one Financial, it offers none composed nor maintained a fund out of hence attorneys’ fees tends to be paid down

Appellees assure all of us one to from inside the awards of the type of here not as much as conversation, ultimate profits or incapacity about lawsuits is actually an untrue amounts. The argument is that «the exam * * * [is] * * * whether the litigation are used in the good-faith and on sensible basis.» Your situation out-of Pacific. v. Hise, twenty five Cal. 2d 822, 155 P.2d 809, 158 A good.L.R. 955, is actually cited given that sustaining the brand new propriety and you can authenticity of the meantime award to help you appellees from the instant circumstances. Other instance allowed to be «straight for the point» is actually Eggert v. Pacific , 53 Cal. App. 2d 554, 127 P.2d 999.