Two businesses entered an agreement. P sued D in the Superior Court of San Diego County, and D brought motion for transfer of venue to Orange County, based on the provision of the agreement's venue selection clause. P challenged this transfer of venue. The California Court of Appeal held that venue selection clauses will be upheld for contracts between sophisticated business entities.

Trial court entered $8M judgment against defendants. Plaintiffs sought financial records from defendants, and when they refused, brought motion before trial court. Trial court ordered defendants to produce records. Defendants appealed without complying with the trial court order. Court of appeal dismissed the appeal under the "disentitlement doctrine": An appellate court has the inherent power, to dismiss an appeal by a party that refuses to comply with a lower court order. See, e.g., Moffat v. Moffat (1980) 27 Cal.3d 645, 652.

Plaintiff purchase a used vehicle and financed it through American Honda Finance Corporation. In the back of the financing agreement the contract contained an arbitration clause. The California Court of Appeal for the First District held: "Because the arbitration agreement was imposed on [Plaintiff] without the opportunity for negotiation, and was therefore adhesive, we agree the transaction was procedurally unconscionable."

Plaintiff sued for prescriptive easement over neighboring property. Defendant raised affirmative defense based on contract that contained an attorney's fees provision. When Defendant prevailed, the court awarded defendant attorney's fees against Plaintiff. Court of Appeals affirmed: For defendant's affirmative defense the court had to interpret the contract so the attorney's fees provision in "an action to interpret" the contract was applicable.

Rule 8.278 of the California Rules of Court allows award of costs to the "prevailing party" if Court opinion and remittitur make a notation to that effect. The person seeking costs must, within 40 days from remittitur, file a Memorandum of Costs pursuant to Rule 3.1700.

Here is a sample motion to fix attorney's fees and costs on appeal. California Code of Civil Procedure section 685.070(a)(6) allows a judgment creditor to recover attorney's fees for enforcement of judgment, if allowed by Section 685.040. Section 685.040, in turn, allows recovery of attorney's fees if "the underlying judgment included an award of attorney's fees to the judgment creditor pursuant to subparagraph (A) of paragraph (10) of subdivision (a) of Section 1033.5."

Here is a sample notice of motion for setting attorney's fees on appeal.

When employee (EE) sued employer (ER) for discrimination, ER brought motion to compel arbitration signed by EE. EE said she was unwilling to sign the arbitration agreement when hired, but was forced to when ER said if you don't sign you won't be hired. The court held there was no procedural or substantive unconscionability in the arbitration agreement.

Our client was in the process of enforcing a judgment assigned to client. The judgment debtors William G. Wells (an individual) and Valuation Systems (a Nevada corporation) brought a motion to "strike" and "vacate" the assignment, etc. When the trial court denied the judgment debtors' motion, they appealed the decision (W.G. Wells v. Americantex, Inc., Case # B235019). The Second District Court of Appeal (2DCA) affirmed trial court's ruling, and issued this separate opinion declaring W.G. Wells a vexatious litigant.

Our client, Americantex Inc., was the assignee of a money judgment. The judgment debtors brought a "motion to strike" the assignment and prevent our client from collecting on the judgment. The trial court denied this motion. The judgment debtors accused the trial judge of being biased and prejudiced, and then initiated this appeal. The court of appeal affirmed trial court's ruling, and awarded costs to our client.