Re: Just curious, but about the lawyer bills...SILVERSURFER...
in response to
by
posted on
Sep 12, 2009 12:59AM
You said;...
"In my opinion, both Parties will bear their own costs and attorneys' fees. There is no mention of either side being awarded these in today's decision."...
Sorry Silver but, that is not true...
The Judge has ruled that California Law governs this case...
Under California Law, unles the judgment states "The parties shall bear their own costs", the wining party is entitled to submit a MEMORANDUM OF COSTS asking for payment of certain costs enumerated in the Statues, like filin fee, witness fee, etc., etc. to be paid by the losing party....
In addition California CCP 128.5 read as follows:
"128.5. (a) Every trial court may order a party, the party's
attorney, or both to pay any reasonable expenses, including attorney'
s fees, incurred by another party as a result of bad-faith actions or
tactics that are frivolous or solely intended to cause unnecessary
delay. This section also applies to judicial arbitration proceedings
under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of
Part 3.
The Judge Dimissed Bow's case "WITH PREJUDICE". And the language in the rest of the decision was very harsh indeed, and seems to fall junder the proscriptions enumerated in CCP 128.5. Therefor, EDIG attorneys can try to file a Petition with the Court for AWARD of ATTORNEYS FEE as set forth in CCP 128.5, and have a goo shot at it IMO...
Gil...
COME ON EDIG, file the Petition to get all the money back with Interest from the Judgement day, and Bring on the Samsung good news next Friday...
I am Ready for some REAL REALTY and Celebration...