California Court of Appeal

Post judgment order denying plaintiff's motion for attorney fees pursuant to Code of Civil Procedure section 1021.5 is affirmed, where: 1) the trial court properly found that plaintiff did not make a reasonable attempt to settle the dispute before filing his action against defendants and therefore did not meet the requirement for an award of attorney fees under section 1021.5; 2) plaintiff waived any futility argument; and 3) even if he had not waived futility, plaintiff did not carry his burden to prove any attempt to settle the dispute would have been futile.

Appellate Information

• Decided 04/02/2015
• Published 04/02/2015

Judges

• McDonald

Court

• California Court of Appeal

Counsel