Attorney Fees Provision In Escrow Instructions Unconscionable.

Plaintiffs lost at summary judgment after bringing an action against a title company for overcharging for notary services performed through the title company’s escrow services company. The escrow instructions contained an attorney fee provision, and, under it, the trial court awarded the title company $266,801 for its attorney fees. The appellate court reversed the attorney fee order, noting: “A customer presented with standardized escrow instructions would not reasonably expect an attorney fees provision that was both completely one-sided (i.e., only allowing defendant to recover its fees) and all-encompassing (i.e., including claims independent of the contractual escrow instructions, such as for alleged violations of statute or fraudulent conduct).” Hutton v. Fidelity National Title Co. (Cal. App. Fifth Dist.;  January 31, 2012) (As Mod. February 22, 2013) 213 Cal.App.4th 486.