§ 11.2.1.1.3 Contested Actions.

JurisdictionArizona

§ 11.2.1.1.3 Contested Actions. Under A.R.S. § 12-341.01(A), fees are allowed only in “contested actions.” A “contested” action is one in which the defendant has appeared and generally defends against claims and demands made by the plaintiff. See Morrison v. Shanwick Int’l Corp., 167 Ariz. 39, 46, 804 P.2d 768, 775 (App. 1990). An action is not “uncontested” merely because the defendant admits in its answer the true facts of the case or the essential facts underlying the contract claim. See id.

An “action” for purposes of A.R.S. § 12-341.01(A) is a proceeding before a court of law. A...

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