It may be wise to think twice before including prevailing party attorney’s fees clauses in standard residential and/or commercial lease agreements. Under established law, each party to an agreement is responsible for paying its own attorney’s fees unless provided by statute or the language of the contract. The attorney’s fees clause is usually standard language in all real estate lease agreements we encounter.
A perplexing California Fourth Appellate District case regarding denial of Request for Admissions, Grace v. Mansourian has just been ordered published. The case involved a defendant who had a good faith belief that the traffic light was “green,” while other “witnesses” and the traffic investigation disagreed. Verdict for plaintiff, who recovered costs for proving matters denied by defendant’s Request for Admissions denials.
Recently, the focus in class action lawsuits has shifted from the plaintiff’s ability to aggregate claims, to aggressively attacking class counsel fee claims.
A recent trend in premises liability slip/trip and fall cases filed against commercial establishments is the inclusion of an Americans with Disabilities Act (ADA) cause of action pursuant to “Accessibility Guidelines for Buildings and Facilities” as set forth in Appendix A to Part 36 (28 CFR part 36 et seq.). This cause of action can give rise to an attorney’s fees claim for the legal efforts taken to force remediation of a building condition that violates the Federal Statute and may place a defendant in the inevitable position of paying attorney fees to plaintiff’s counsel separate from a standard bodily injury settlement.
Offers to settle in California made pursuant to Code of Civil Procedure, §998 are commonly referred to as “statutory offers”. They are generally used in an attempt to recover fees/costs.
We all accidentally dial people by bumping and sitting on our cell phones. This accident could not only be a cause of embarrassment but also some tough legal consequences.
Mr. Cabodi of Small, Henstridge, Cabodi, & Pyles will be attending an annual golf tournament held by the San Diego Insurance Adjusters Association on July 24th in San Marcos, CA. The tournament begins at 9am at the Twin Oaks Golf Course located at 1425 N. Twin Oaks Valley Road, San Marcos, CA 92069.
The Claims and Litigation Management Alliance (CLM) is the only national organization created to meet the needs of professionals in the claims and litigation management industries. Founded in 2007, the CLM currently has more than 25,000 Members and Fellows — a number that grows by hundreds each month.
Already a member of the Association of Southern California Defense Counsel, the Defense Research Institute, and Orange County Bar Association, KJ Cabodi was made a member of the Claims and Litigation Management Alliance (“CLM”). The CLM is a nonpartisan alliance comprised of thousands of insurance companies, corporations, Corporate Counsel, Litigation and Risk Managers, claims professionals, and attorneys. Through education and collaboration the organization’s goals are to create a common interest in the representation by firms of companies, and to promote and further the highest standards of litigation management in pursuit of client defense. Selected attorneys and law firms are extended membership by invitation only based on nominations from CLM Fellows.
Most litigation involving the Americans with Disabilities Act involves “architectural barriers” in the form of curbs/ramps, doors/entryways, or other physical barriers preventing a disabled person’s physical access into a business location. A lesser encountered area of ADA litigation involves “accommodation” of a disabled person who has an impaired ability to effectively communicate with the business. Title III of the Americans with Disabilities Act (“ADA”) applies to businesses which are privately owned and are open to the public. Among other things, the ADA requires businesses to provide reasonable accommodation to disabled persons (sight impaired, hearing impaired, etc.) to ensure effective communication.