NATURE OF PROCEEDINGS: MOTION TO STRIKE — MOTION TO STRIKE ATTORNEY’S FEES CLAIM FROM CROSS-COMPLAINANTS’ AMENDED CROSS -COMPLAINT [PLTF] TERESA SALTZMAN
RULlNG
The motion brought by plaintiff/cross-defendant Teresa Saltzman to strike the request for attorney fees in the cross-complaint of defendants/cmss-complainants Joshua Keppel and Amy K, Berger is GRANTED. (Code Civ. Proc. § 436.) The Court finds that the cross-complaint fails to allege a legal or statutory basis for the recovery of attorney fees, Defendants and cross -complainants are granted leave to file an amended complaint stating the basis of their request.
However, although the court is granting the motion and leave to amend, it also cautions the patties that this dispute is likely premature. Attorney fees are only awardable pursuant to an agreement between the parties or by statute. (Code Civ. Proc., § 1021 .) A party seeking to recover attorney fees pursuant to contractual provision need not plead entitlement to them as
Hearing Date
March 02, 2021
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NATURE OF PROCEEDINGS: MOTION TO STRIKE — MOTION TO STRIKE ATTORNEY’S FEES CLAIM FROM CROSS-COMPLAINANTS’ AMENDED CROSS -COMPLAINT [PLTF] TERESA SALTZMAN
RULlNG
The motion brought by plaintiff/cross-defendant Teresa Saltzman to strike the request for attorney fees in the cross-complaint of defendants/cmss-complainants Joshua Keppel and Amy K, Berger is GRANTED. (Code Civ. Proc. § 436.) The Court finds that the cross-complaint fails to allege a legal or statutory basis for the recovery of attorney fees, Defendants and cross -complainants are granted leave to file an amended complaint stating the basis of their request.
However, although the court is granting the motion and leave to amend, it also cautions the patties that this dispute is likely premature. Attorney fees are only awardable pursuant to an agreement between the parties or by statute. (Code Civ. Proc., § 1021 .) A party seeking to recover attorney fees pursuant to contractual provision need not plead entitlement to them as