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Location: Napa x
Judge: Ortiz, Elia x
2020.09.25 Motion for Attorney's Fees 313
Location: Napa
Judge: Ortiz, Elia
Hearing Date: 2020.09.25
Excerpt: ... the underlying contract was illegal. The contract, however, was rescinded based on mistake of fact, not illegality. To the extent the Wesners aver the County is not entitled to attorney's fees because the agreement was rescinded, the averment lacks merit. (See Hsu v. Abbara (1995) 9 Cal.4th 863, 870 [“[A] party is entitled to attorney fees under section 1717 ‘even when the party prevails on grounds the contract is inapplicable, invalid, unen...
2020.01.23 Motion for Prevailing Party Determination 313
Location: Napa
Judge: Ortiz, Elia
Hearing Date: 2020.01.23
Excerpt: ...e claims and their litigation objectives as disclosed by the pleadings, trial briefs, opening statements, and similar sources. The prevailing party determination is to be made only upon final resolution of the contract claims and only by ‘a comparison of the extent to which each party ha[s] succeeded and failed to succeed in its contentions.'” (Hsu v. Abbara (1995) 9 Cal.4th 863, 876, quoting Bank of Idaho v. Pine Avenue Associates (1982) 137...
2018.6.14 Motion for Leave to Amend Complaint 082
Location: Napa
Judge: Ortiz, Elia
Hearing Date: 2018.6.14
Excerpt: ...s the original Cross‐Complaint; any proposed amendment would be from the Cross‐Complaint, as the previous pleading. In addition, the Order Denying Ex Parte Application for Order of Dismissal filed May 30, 2018 required Cross‐Complainants Callahan and Raja to verify any proposed amended crosscomplaint. The proposed amended cross‐complaint is not verified. The Motion is also not supported by a separate declaration specifying when the facts ...

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