The Answer Depends on the Specific Wording of the Clause. Various contracts, especially those involved in construction projects, contain indemnity provisions by which one party (the indemnitor) agrees to reimburse another party (the indemnitee) for damages, costs and expenses associated with species of claims covered by the express language in the […]
Mr. Desai Addresses the Panoply of Issues Involved in the Class Action Settlement Confirmation Process. Mr. Aashish Y. Desai, a partner at Mower, Carreon & Desai, LLP in Irvine and a participant at the recent NALFA Los Angeles seminar which we reviewed in our June 20, 2008 post, has written a
California Law Is Unsettled: Fertile Area for Litigation, We Believe. The law is settled in two areas. First, mere routine costs awards to the defense under Code of Civil Procedure section 1032 (for items such as filing fees, exhibits, etc.) are stayed and do not require an undertaking. See Code Civ.
Sixth District Rejects Awarding Oil Company 998 Costs Against Three Unsuccessful Plaintiffs In Contamination Lawsuit. Oil Company was found negligent based on the contamination of a predecessor in a prior negligence action. Later, hundreds of plaintiffs in an adjacent property brought a contamination lawsuit against Oil Company. The trial court set
Code of Civil Procedure sections 116.780 and 116.790 Provide Answers. Mike Hensley recently had to appear at a trial de novo of a small claims judgment won by a developer client. Small claims jurisdiction reaches disputes of either $5,000 or $7,500, depending on the type of case. When a losing litigant
Sixth District Overturns Fee Award Because A Subpoena Request Is Not Within the Ambit of the Anti-SLAPP Motion to Strike Procedure. Plaintiff, a New York resident, obtained an Ohio state court order with subpoena power to obtain information from Google about anonymous web blogs that were allegedly defaming plaintiff. After Google
Fee Sanctions Awards Under Both Code of Civil Procedure section 128.7 and Family Code section 271 Sustained On Appeal. In another July 8, 2008 post, we discussed In re MacIntyre, a First District unpublished decision affirming an approximately $12,000 attorney’s fees sanction awarded under Family Code section 271. In the next
Appellate Court Reverses Trial Court’s Reliance on Contract Hourly Rates and Overturns Its Erroneous Determination That Litigation Was Unnecessary. This post should be of particular interest to land use and environmental attorneys, showing how appellate courts take interest in making sure private attorney general fee awards are fair to litigants truly
Second District, Division Six Finds For Disabled Plaintiff in Unpublished Decision. In our July 8, 2008 post, we reviewed the Second District, Division Six’s published decision of Molski v. Arciero Wine Group, in which the appellate court affirmed a fee award against Mr. Molski and in favor of a prevailing defendant
First District, Division Two Rejects Importation of These Requirements Into Family Code section 271. At last, we have a post for you family law practitioners on a fee award issue. Family Code section 271 authorizes fees/costs awards to the extent that a party frustrates the policy of
