The general contractor under CCP[ss]998 sought its attorneys fees incurred after the time of its offer of $900,000, based on its position that it was entitled to post-CCz[ss]998-offer attorneys fees and costs, and the subcontractor's recovery was less than the contractor's CCP[ss]998 offer.
These costs included $568,925 in attorneys fees, plus general contractor's expert witness fees in the amount of $247,652.
The court also awarded the subcontractor its pre-CCP[ss]998 offer costs, including attorneys fees, totaling $226,812.
He said his office believes attorneys fees
should not be awarded to third-party contractors who have been assigned benefits to insurer claims made under the so-called "one-way attorney fee" statute that was meant to protect consumers only.
He stated that the federal statute was enacted to eliminate abusive debt collection practices and to protect consumers by prohibiting a debt collector from using unfair or unconscionable means to collect a consumer debt, and if he does, the law imposes civil liability, including attorneys fees
, upon the debt collector.
The parties agreed that $32,000 fairly represented the costs, including attorneys fees
, accrued prior to the defendants' offer under Rule 68.
Case No.: 16-67 Focus: Attorneys Fees
Prevailing Prisoners This is a case about how much prevailing prisoners must pay their lawyers.
Although Oregon statutes governing uninsured motorists and personal injury protection required mandatory binding arbitration, and precluded claimants from recovering attorney's fees, the statutes did not address whether insureds who sued their carriers would be entitled to attorneys fees.
In March of the same year, the Oregon courts reexamined the issue of attorneys fees in UIM claims in Grijalva v.
Judge Wilford O'Connor has held that a tenant's repeated default in the payment of rent constituted a violation of a substantial obligation of the tenancy, such that the owner was awarded a final judgment of possession, with the case set down for a hearing on "use and occupancy" and attorneys fees.
Only by terminating the landlord-tenant relationship and awarding a final judgment of possession to the owner, coupled with an award of use and occupancy and attorneys fees, could the owner be made whole."
Focus: Judgment Damages and Attorneys Fees
In this eviction action, Gail Swaine appeals from the judgment of the circuit court.