Attorney’s fee award upheld without apportionment based on causes of action because defendants failed to show Plaintiff’s unsuccessful causes of action warranted apportionment.
Cases of Interest
The Court of Appeal held that a plaintiff must prove that a reasonable accommodation was available at the time an interactive process should have been held by their employer.
18
Feb
Feb
Cross-complainant not barred from appealing good faith determination for failure to file a petition for writ of mandate. Exoneration of a joint tortfeasor from liability does not “aggrieve” other individually liable tortfeasors so as to confer standing to appeal.
29
Jan
Jan
- In discovery, a propounding party has a duty to pursue a court order compelling an answer if the responding party either fails to answer or gives an evasive answer – otherwise the right to an answer and sanction is waived.
- The use of the Golden Rule argument and ad hominem attacks against opposing counsel is serious attorney misconduct which may require action by the trial court, even without objection.
21
Jan
Jan
Under Civil Code section 1717, subdivision (b)(2) and section 1811.1, defendants who allege in their answer that they tendered the amount owed to plaintiff prior to the commencement of litigation may be deemed the prevailing party.