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Category Archives: Attorneys’ Fees

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A Plaintiff’s Right to Dismiss Is Not Absolute.

Posted in Attorneys' Fees, Contracts
A plaintiff has the right to voluntarily dismiss, with or without prejudice, all or any part of an action before the commencement of trial. Civ. Proc. § 581. A plaintiff that fears losing may simply dismiss his lawsuit to prevent the defendant from obtaining an award of contractual attorney’s fees. Civ. Code § 1717 ("[w]here… Continue Reading

Beware of the Attorneys’ Fee Trap In Arbitration!

Posted in Arbitration, Attorneys' Fees
Did you know that the Commercial Arbitration Rules for the American Arbitration Association permit an arbitrator to award attorneys’ fees if all parties have requested such an award? Pursuant to R-43 of the Rules, the arbitration award may include "an award of attorneys’ fees if all parties have requested such an award." In other words,… Continue Reading