Failure to Admit Four Specific RFAs Propounded By Defense Justified $7,741.48 in Attorney’s Fees Under CCP § 2033.420. In our category “Requests for Admissions,” we have explored the requirements of Code of Civil Procedure section 2033.420 which, in a nutshell, authorizes imposition of fees and costs for denying a request for admission unless there […]
Fee Award Does Not Have to be Proportional to Damages Award for Civil Code Section 1717 “Prevailing Party” Purposes. Here is one which, yet again, reiterates that trial courts have tremendous discretion in determining the “prevailing party” under Civil Code section 1717 as well as the amount of damages to be awarded–which do not
Fee Recovery In Pension Eligibility Funds Dispute Regents Is Constitutionally Immune from Labor Code section 218.5 Exposure in this Context. In a first-impression case, the Fourth District, Division One decided that the Regents of the University of California cannot be saddled with fee exposure under Labor Code section 218.5, a normal mandatory fee-shifting
AB 2284 Became Effective January 1, 2011. Effective January 1, 2011, litigants can opt to participate in an expedited jury trial before a reduced jury panel of eight jurors with a goal to complete the trial in one day. Participation is completely voluntary, but the parties do agree to waive certain post-trial motions
Sixth District Rejected 1717 Mutuality Challenge, But Did Remand For Determination of Reasonable Fee After Proof Failure. Here is a very interesting one at the top of a new year in the retainer agreement/Civil Code section 1717/reasonableness of fees areas. Palmer v. Taylor, Case No. H033644 (6th Dist. Jan. 4, 2011) (unpublished) was
