California Civil Code section 1717’s rule of reciprocity extends to prevailing alleged alter egos in post-judgement claims and entitles them to recovery of attorney fees as though they were parties to the original case.
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Cases of Interest
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A landowner’s common law duty of care does not encompass a duty to provide onsite parking for invitees in order to protect them from traffic accidents occurring off site.
An offer to compromise under Code of Civil Procedure section 998 must make clear of any intention to stray from the usual path of entry of judgment. Absent specific terms and conditions in the offer stating otherwise, entry of judgment is the standard procedural result.
An entity may be strictly liable for defective products sold by third parties on the entity’s online marketplace. Under the stream of commerce approach, an entity’s participatory connection, for its personal profit or benefit, with the injury-producing product and with enterprise that created consumer demand for and reliance upon the product, calls for imposition of strict liability.
A trier of fact may properly consider any uncompensated or potential harm in awarded punitive damages.