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A Proposed Revision Of California's Procedural Statutes And Rules For Seeking Prevailing-Party Attorney Fees, Charles S. Treat
A Proposed Revision Of California's Procedural Statutes And Rules For Seeking Prevailing-Party Attorney Fees, Charles S. Treat
Charles S Treat
California’s procedural statutes and rules governing claims for attorney fees are a mess. They create confusing and contradictory procedural requirements; they are incomplete in carrying out California’s policy of mandatory bilaterality in contractual fee provisions; and they irrationally stymie carrying out the parties’ contractual intent in some regards. This article surveys the evolution and present state of these statutes and rules, analyzes what needs fixing, and proposes amendments to fix the problems.