What is the attorney fee clause in California?

California Civil Code Section 1717 provides, ?In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party ...

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Complaint for on Open Account for Goods Sold and Delivered with...

Guam Complaint for on Open Account for Goods Sold and Delivered with Stipulation for Attorney's Fees - Breach of Oral or Implied Contracts

Category:

Civil Procedure - Complaints

State:

Multi-State

Control #:

US-02006BG

Format:

Instant download

Description

An open account is created when the parties intend that the individual items of the account will not be considered independently, but as a connected series of transactions. In addition, the parties must intend that the account will be kept open and subject to a shifting balance as additional related entries of debits and credits are made, until either party decides to settle and close the account. In an open account, there is but one single and indivisible liability arising from the series of related and reciprocal debits and credits. This single liability is to be fixed at the time of settlement, or following the last pertinent entry of the account.

The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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How to fill out Complaint For On Open Account For Goods Sold And Delivered With Stipulation For Attorney's Fees - Breach Of Oral Or Implied Contracts?

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FAQ

Therefore, to be a ?prevailing party? entitled to a recovery of your attorneys' fees in California, there must be both (1) a lawsuit that has been filed in Court in which either a judgment has been entered in your favor or a dismissal filed, and (2) either a contract clause providing for a recovery of attorneys' fees ...

Upon request by the client, the attorney shall provide a bill to the client no later than 10 days following the request unless the attorney has provided a bill to the client within 31 days prior to the request, in which case the attorney may provide a bill to the client no later than 31 days following the date the most ...

CCP section 340.6(a), the statute addressing legal malpractice, specifically states, in pertinent part ?An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or ...

California Civil Code Section 1717 provides, ?In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party ...