Attorneys frequently do not file a separate notice of appeal to challenge a trial court’s post-judgment award of attorney’s fees and costs because they assume one notice of appeal from the judgment is sufficient. Filing a single notice of appeal is risky business because California Courts of Appeal disagree whether two separate notices of appeal… Continue Reading
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
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
