The issue was whether the trial judge
properly awarded fees under CCP § 1038 to the defense because the action lacked reasonable cause and was not brought in good faith.
Not exact matches
Dealing first with the issue of the nature of costs that I can
properly award, I find that as a result of section 148.2 (2) and section 148.2 (3) of the Regulation, I am constrained to only
awarding party and party costs and I am not permitted to
award actual reasonable legal
fees as specified in section 11 (2)(a) of the Commercial Arbitration Act.
«Deadlines, Special
Fee Shifting Statutes: Although Timely Filed, Motion For Defense Costs Under CCP § 1038
Properly Awarded To Defendant California Highway Patrol Winning Summary Judgment Motion Main Construction: California Supreme Court Decides That Prompt Payment Statutes Relating To Direct Contractor - Subcontractor Retention Withholdings Can Only Relate To The Relevant Specific Payment Otherwise Due Rather Any Dispute Between The Parties»
Tennessee appellate court affirms lower court ruling that buyers could rescind purchase contract and receive an
award of attorney's
fees because the seller and the listing broker had failed to
properly disclose to the buyers that the property had limited sewer access.
Attorneys»
fees and costs are
properly awarded in cases where a plaintiff succeeds in a lawsuit alleging violations of constitutional rights by the government.