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If you have a problem with a lawyer's bill, you don't have to spend more money to go to court to resolve it. The State Bar can help you resolve a problem with attorney fees through an informal, confidential and low-cost alternative called Mandatory Fee Arbitration.
There are several different types of instances within a divorce where one might want to ask the court for attorney's fees. In a matrimonial action, we might make a motion pendente lite, which means pending the litigation, for the moneyed spouse to pay the attorney's fees for the spouse with less money.
The law in California generally provides that unless attorneys' fees are provided for by statute or by contract they are not recoverable. In other words, unless a law or contract says otherwise the winning and losing party to lawsuit must pay their own attorneys fees.
Learn how to file a motion (a written request for some type of relief) to get your case or part of your case - in front of the judge for a decision. You can use motions to try to resolve the case completely.
A prevailing party is entitled as a matter of right to recover costs in any action or proceeding. (Code Civ. Proc., § 1032(4)(b).) However, the non-prevailing party can dispute the costs listed in the prevailing party's costs memorandum by filing a motion to tax costs.
A motion is a written request made to the court, asking the judge to issue an order. The motion must be supported by evidence.
The typical attorney-fee clause states that if one party breaches the contract, the other party can sue and recover its attorney fees for bringing the suit. If you have a contract dispute or you if you are negotiating a contract, you should pay careful attention to any language on attorneys' fees.
A notice of motion to claim attorney's fees for services up to and including the rendition of judgment in the trial court-including attorney's fees on an appeal before the rendition of judgment in the trial court-must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an