California Litigation Blog

California Litigation News & Practice Tips

Tag Archives: Association

The Pendergrass Rule Is Dead.

Posted in Evidence
This month the California Supreme Court overruled Bank of America v. Pendergrass (1935) 4 Cal.2d 258 (Pendergrass). Seventy-five years ago, the Pendergrass court held that the fraud exception to the parol evidence rule could not be used to contradict any of a contract’s stated terms. In reversing the Pendergrass decision, the Supreme Court in Riverisland… 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