California Litigation Blog

California Litigation News & Practice Tips

Category Archives: Contracts

Subscribe to Contracts RSS Feed

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

Interest Provisions Are Enforceable

Posted in Contracts, Remedies
The California Supreme Court has definitively upheld contractual obligations for payment of interest charges on late payments. Southwest Concrete Products v. Gosh Construction Corp., 51 Cal.3d 701 (1990), involved a dispute between a contractor and its pipe supplier. The supplier sued the contractor when it failed to pay after alleging the pipe was of poor… Continue Reading

Client Owed Money? Get an Attachment

Posted in Contracts
With the economy worsening, what can you do to expedite collection of money owed to your client?  File a lawsuit and immediately apply for a right to attach order.  A right to attach order is a prejudment remedy that may be obtained on 16 court days’ notice or upon 24 hours’ notice in special circumstances.… Continue Reading