This case involves a dispute between licensed contractors over work performed at an apartment complex. Most of the claims were resolved in a mediated proceeding before JAMS, but there remained an unresolved supplier contract dispute between plaintiff and defendant. That dispute was resolved by bench trial in defendant’s favor.
Before the Court this day is a defense motion for contractual attorney fees, as set forth in Para 9 and 12 of the written proposal for concrete forming equipment. No opposition is filed.
Code of Civil Procedure §§ 1032(b) and 1033.5(a)(10) collectively provide that the prevailing party in a civil action may recover, as a matter of right, attorney’s fees when authorized by contract or statute. The “prevailing party” is the party with a net monetary recovery or for whom judgment is entered. CCP §1032(a)(4).
Where an agreement for fees exists, but the method is not defined, courts will weight various factors to reach a “reasonable” amount to award as fees – commonly
Hearing Date
March 05, 2020
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This case involves a dispute between licensed contractors over work performed at an apartment complex. Most of the claims were resolved in a mediated proceeding before JAMS, but there remained an unresolved supplier contract dispute between plaintiff and defendant. That dispute was resolved by bench trial in defendant’s favor.
Before the Court this day is a defense motion for contractual attorney fees, as set forth in Para 9 and 12 of the written proposal for concrete forming equipment. No opposition is filed.
Code of Civil Procedure §§ 1032(b) and 1033.5(a)(10) collectively provide that the prevailing party in a civil action may recover, as a matter of right, attorney’s fees when authorized by contract or statute. The “prevailing party” is the party with a net monetary recovery or for whom judgment is entered. CCP §1032(a)(4).
Where an agreement for fees exists, but the method is not defined, courts will weight various factors to reach a “reasonable” amount to award as fees – commonly