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.
Under a claim for NIED, virtual presence through a real-time audiovisual connection to a nanny cam satisfies the requirement that plaintiffs are contemporaneously and physically present at the injury-producing event.
An operating agreement between a corporate entity and its shareholders that imposed contractual obligations on the shareholders is not sufficient to pierce of the corporate veil unless the shareholders exercised direct control over the corporation’s employees.
A plaintiff in a personal injury action may be ordered to submit to an independent medical examination by the defendant’s doctor only if the plaintiff is permitted to have the presence of counsel.
When a plaintiff obtains judgment against a corporate entity and then institutes an independent action against an alter ego, the alter ego defendant may recover attorney fees under Civil Code 1717, even if the subsequent action did not include contract causes of action.