Month: April 2018

An Attorneys’ Fees Provision Does Not Guarantee Award of Attorneys’ Fees Even if You Prevail

April 16, 2018
Gavel and Money

The California Supreme Court recently held that the assertion of a contract as an affirmative defense does not constitute an “action” or “proceeding” for purposes of triggering the attorneys’ fees provision in the agreement. Mountain Air Enterprises, LLC v. Sundowner Towers, LLC, 3 Cal.5th 744 (2017). Under the American Rule, each party to a lawsuit…

Read More