Cases: Settlement – Page 10 – Cal Attorneys Fees

CCP Section 664.6: Reserve Jurisdiction Or Forfeit The Ability To Enforce Fee Settlements

March 25, 2009

Fourth District, Division 3 Strictly Enforces Jurisdictional Retention Dictates. Code of Civil Procedure section 664.6, we hope, becomes well known to litigators and other attorneys hoping to summarily enforce settlement agreements in pending California actions. Without going into all of its nuances (which include strict requirements that the parties themselves assent to the settlement […]

Settlement Stipulation Calling For Deed Of Trust Implicitly Bound Defaulting Party To Fees Clause Even Though Stipulation Had No Such Clause

November 15, 2008

Second District, Division Four So Holds in Interesting Settlement Stipulation Default Dispute. In past posts, we have explored some cases that hold the absence of a fees clause in a settlement stipulation prevents a creditor from obtaining a fee recovery after the debtor defaults. See our October 29, 2008 post on Stansbury and Execute

Attorney’s Fee Award Reversed Where Stipulated Settlement Did Not Have A Clear Provision Allowing For Fee Recovery

Cases: Settlement

October 29, 2008

Second District, Division Seven Overturns Fee Award Where No Explicit Provision Allowed For Fee Recovery When Enforcing Stipulated Settlement. Under the American rule governing attorney’s fees awards (as codified in Code of Civil Procedure section 1021), a prevailing litigant generally is not entitled to an attorney’s fees award in the absence of express statutory

All Practitioners Take Notice—You Can Still Settle Your Attorney’s Fee Dispute On Appeal … Mooting The Appeal And Letting Everyone Grumble (But Stilling The Fee Wag Toll of the Litigation Dog)

Cases: Private Attorney General (CCP 1021.5), Cases: Settlement

September 3, 2008

Second District, Division Five Dismisses Appeal as Moot Based on Settlement Agreement Reached During Appeal Process. As we blogs have chronicled for several months, attorney’s fees recoveries can make or break a litigant—unless there is untold wealth backing the litigants in many of these situations. A prevailing litigant can gain a

SECTION 998 OFFERS AND STIPULATED SETTLEMENTS—DON’T BE SILENT ABOUT FEES/COSTS OR PAY THE PRICE!

Cases: Settlement

June 16, 2008

Silence Can Be Deadly Where Fees and Costs Are Not Expressly Dealt With. Code of Civil Procedure section 998 offers a potential fee-shifting settlement mechanism for litigants in civil cases, although the offers must be crafted and worded very carefully. In essence, section 998 allows a litigant—up to 10 days before