You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments,
awards, losses, costs, expenses or
fees (including reasonable attorneys»
fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as
expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Now that the Court That Must Be Obeyed has
expressly blessed the trial court's discretion to deny attorney's
fee awards to employee plaintiffs who recover less than $ 25,000 in unlimited civil actions, will the trial courts now start exercising that discretion?
The lower court
expressly found the request to be excessive, and
awarded nothing in
fees — finding that the case could have been brought as a limited civil case and finding its outright denial of
fees was justified under Chavez v. City of Los Angeles, 47 Cal.4 th 970 (2010)[one of our Leading Cases, # 13].