During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.
Gov. Code 91003 allows an attorney fee award to the prevailing party in an action seeking injunctive relief to enjoin violations or to compel compliance with the provisions of the Political Reform Act. This case holds that the statute does not pit impecunious plaintiffs against well-healed defendants. So, the prevailing party standard adopted in Fogerty v. Fantasy, Inc. (1994) 510… Read More
On claims to which Civ. Code 1717 applies (claims on a contract), the statute's definition of "prevailing party" supersedes any definition of that term in the parties' contract. In applying the Hsu v. Abbara (1995) 9 Cal.4th 863 test of prevailing party, the trial court may not consider settlement offers the parties have made either informally or under CCP 998… Read More
If a defendant unsuccessfully moves to compel arbitration of a lawsuit filed against it, the lawsuit continues in court. So for purposes of Civ. Code 1717, the plaintiff does not become the prevailing party on the contract simply by defeating the motion to compel arbitration. However, if not yet having been sued, a party files an independent petition to compel… Read More
Under CCP 1032(a), a prevailing party is entitled to a cost award even if it is united in interest with co-parties that did not prevail, but the trial court has discretion in awarding only those jointly incurred costs which were reasonably necessary to the prevailing party’s case. Read More
