MOTION FOR ATTORNEY FEES AND EXPENSES
Matter on Calendar for Tuesday, October 8, 2013, Line 11, DEFENDANT CESAR HERNANDEZ' MOTION FOR ATTORNEY FEES AND EXPENSES.
Denied. Civil Code section 1717.5, which in effect supplies a contractual prevailing party attorney fee clause for cases based on an open book account, is best read in concert with the rules governing attorney fee awards in contract cases. Section 1717(b)(2) states that there is no prevailing party in a contract action that is dismissed or settled before trial, as this action was. Section 1717.5 treats open book account cases as contract cases.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The prevailing party is required to prepare a proposed order with the name and address of the prevailing party's counsel or the prevailing party if pro per in t
Hearing Date
October 08, 2013
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MOTION FOR ATTORNEY FEES AND EXPENSES
Matter on Calendar for Tuesday, October 8, 2013, Line 11, DEFENDANT CESAR HERNANDEZ' MOTION FOR ATTORNEY FEES AND EXPENSES.
Denied. Civil Code section 1717.5, which in effect supplies a contractual prevailing party attorney fee clause for cases based on an open book account, is best read in concert with the rules governing attorney fee awards in contract cases. Section 1717(b)(2) states that there is no prevailing party in a contract action that is dismissed or settled before trial, as this action was. Section 1717.5 treats open book account cases as contract cases.
Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The prevailing party is required to prepare a proposed order with the name and address of the prevailing party's counsel or the prevailing party if pro per in t