A plaintiff who loses a lawsuit brought under the federal Fair Debt Collections Practices Act is not liable for the defendant’s court costs except in the unusual circumstance that the trial court finds the plaintiff sued in bad faith and for purposes of harassment. Normally, a party who loses a lawsuit is liable for the… read more
A recent California Court of Appeal decision demonstrated the importance of careful drafting for indemnity provisions in construction contracts. In UDC-Universal Development, L.P. v. CH2M Hill, a condominium developer (UDC) and and engineering firm (CH2M) were parties to a contract pursuant to which CH2M provided engineering and environmental planning services. The contract contained an indemnity… read more
Trust beneficiaries who act in bad faith to delay the legitimate administration of the trust may find themselves funding the trust’s attorney’s fees and court costs. In Rudnick v. Rudnick, the California Court of Appeal held that the probate court has the equitable power to require trust beneficiaries who use the courts to delay administration… read more
Mediation can save you time and money and can bring about a quick solution to a legal problem.