Is a waiver of attorney fees and costs reasonable?
California, United States of America
The following excerpt is from Burkett v. Caffaro, B226932 (Cal. App. 2011):
Because the trial court found the offer of a waiver of attorney fees and costs reasonable, the burden is on the appellants to show an abuse of discretion. (Nelson v. Anderson, supra, 72 Cal.App.4th at p. 136.) Appellants point to the potentially large damages in this case and argue that there was no reasonable expectation that they would accept a "token" offer of a waiver of attorney fees and costs.
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