Nature of Proceedings: Plaintiff's motionfor declaration of prevailing status, attorney fees
Plaintiff has moved for an order pursuant to Civil Code section 1717(b)(1) determining that she is the prevailing party on the contract in this action, for purposes of awarding attorney’s fees as an item of costs under Section 1717(a). She seeks an award of $14,387.51 in attorneys’ fees. Following a court trial held on November 14, 2012, plaintiff was awarded $700,000 on her cause of action for breach of a note against defendant, plus prejudgment interest, attorneys’ fees, and costs. Plaintiff asserts that the amount sought is reasonable, in that counsel engaged in pre-litigation settlement negotiations, after which suit was filed. Because defendant lived out of the country, foreign service had to be effectuated. Discovery was conducted, including propounding written discovery and taking defendant’s deposition. A mediation brief was prepared, and counsel participated in mediation disc
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Nature of Proceedings: Plaintiff's motionfor declaration of prevailing status, attorney fees
Plaintiff has moved for an order pursuant to Civil Code section 1717(b)(1) determining that she is the prevailing party on the contract in this action, for purposes of awarding attorney’s fees as an item of costs under Section 1717(a). She seeks an award of $14,387.51 in attorneys’ fees. Following a court trial held on November 14, 2012, plaintiff was awarded $700,000 on her cause of action for breach of a note against defendant, plus prejudgment interest, attorneys’ fees, and costs. Plaintiff asserts that the amount sought is reasonable, in that counsel engaged in pre-litigation settlement negotiations, after which suit was filed. Because defendant lived out of the country, foreign service had to be effectuated. Discovery was conducted, including propounding written discovery and taking defendant’s deposition. A mediation brief was prepared, and counsel participated in mediation disc