Liminal Determination of the Alter Ego Allegations, Before Any Liability Consideration, Deemed Inconsequential For Purposes of Applying Reynolds. Reynolds Metals Co. v. Alperson, 25 Cal.3d 124 (1979), posted in our Leading Cases, is a venerable decision holding that defendants prevailing on alter ego allegations. in a full trial of all issues, […]
Recent Article in California Lawyer Explores Potential Limitations on Fee Recovery for Suing Plaintiffs under CLRA. Greg Nylen, an opponent in a class action that Mike Hensley is prosecuting, has written a nifty article in the June 2008 California Lawyer, entitled “Handling Claims under the CLRA” (found at pages 43-46 of
Second District Finds “No Prevailing Party” Where Both Client and Attorneys Do Not Achieve What Either Wanted. “If neither party achieves a complete victory on all the contract claims, it is within the discretion of the trial court to determine which party prevailed on the contract or whether, on balance, neither
Fifth District Unpublished Decision Finds that Supreme Court Authority Allows Arbitrator to be the Arbiter of “Prevailing Party” Status for Fee Recovery Purposes. In Thompson Pacific Construction, Inc. v. Swinerton Builders, Inc., Case No. F053237 (5th Dist. May 20, 2008) (unpublished), the Fifth District Court of Appeal affirmed an arbitrator’s power
