Coronavirus and Covid-19 Issues and Defenses in Contracts

By Kathleen J. Smith, Civil Litigation Attorney

Let’s be clear—Covid 19’s pandemic shutdown may affect your company’s ability to perform its contracts, but it’s no panacea for avoiding all your business obligations. Your contracts may contain variously worded “force majeure” clauses. That doesn’t mean you can ignore paying for...

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Kathi Smith Featured in Attorney At Law Magazine

Attorney Kathi Smith's article, "Prevailing Party Attorney's Fees" was recently published in Attorney at Law Magazine! Prevailing Party Attorney’s Fees By Kathleen J. Smith

When the parties’ contract provides that the prevailing party shall recover reasonable attorney’s fees in any dispute arising out of the contract, fees sought must be unreasonable in relation to the...

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Prevailing Party Attorney’s Fees

By Kathi Smith

When the parties’ contract provides that the prevailing party shall recover reasonable attorney’s fees in any dispute arising out of the contract, fees sought must be reasonable in relation to the services performed. If the opponent’s case was over-lawyered, if  fees are block-billed, if clerical tasks are included in the billings,...

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Win Your Real Estate Lawsuit With Interlocutory Judgment

It’s not unusual for family relatives to co-own real estate: parents leave the family home to all their offspring as investment property, or siblings pool their inheritance from a deceased parent and purchase investment property. But then time passes, and eventually, there will be a sibling who does not wish to co-own property with...
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Wage and Hour Settlement Needs Court Approval

By: Kathleen Smith, Esq. When the volleys of accusations and defenses have played out in litigation, parties usually agree to settle their lawsuit. Typically, litigants are free to negotiate a mutually agreeable—and mutually disagreeable—settlement without involving the court other than to file a Request for Dismissal. But in a PAGA case, the parties must...
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