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California Supreme Court

Jul. 16, 2015

Fee award split continues to widen in Courts of Appeal

The courts are grappling with Civil Code Section 1717's prevailing party definition for actions on a contract - coupled with early procedural victories. By Gary A. Watt and Tiffany J. Gates


By Gary A. Watt and Tiffany J. Gates


"Just win, baby," may be good enough for football philosophy, but winning is not always
good enough for obtaining contractual attorney fee awards. A recent decision from
the 2nd District Court of Appeal, DisputeSuite.com v. Scoreinc.com, 235 Cal. App. 4th 1261 (2015), joins the split among appellate courts over whether
to award fees for dismissals obtained ent...

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