§ 2.5.1 EXISTENCE OF A LAWSUIT
Jurisdiction | Arizona |
To be a "contested action" under A.R.S. § 12-341.01(A), a lawsuit must have been commenced. McEldowney v. Osborn School Dist., 123 Ariz. 416, 418, 600 P.2d 29, 31 (1979). Thus, there can be no recovery for attorneys' fees incurred in negotiating and settling a dispute short of a lawsuit. Id. A "contested action" is one in which the defendant appears and generally defends. Assyia v. State Farm Mut. Auto. Ins., 229 Ariz. 216, 221, ¶ 18, 273 P.3d 668, 673 (App. 2012) (insurer contested plaintiff's breach of contract claim by filing an answer denying liability although insurer eventually tendered the balance of plaintiff's uninsured motorist coverage under her policy). An action is still "contested" within the meaning of the statute even though the defendant's answer admits "the essential facts underlying the contract claim." Morrison v. Shanwick Int'l Corp., 167 Ariz. 39, 46, 804 P.2d 768, 775 (App. 1990). In Morrison, the court also noted the party opposing the fee award had appeared, filed an answer, reserved the right to raise affirmative defenses, and contested the relief requested. Id. at 46-47, 804 P.2d at 775-76.
Due to the adoption by the Arizona Legislature of the Revised Uniform Arbitration...
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- § 2.1 THIS CHAPTER'S SCOPE
- § 2.5.1 EXISTENCE OF A LAWSUIT
- § 2.8.1 TRIAL COURT'S DECISION TO AWARD OR DENY FEES
- § 2.7.0 "SUCCESSFUL PARTY"
- § 2.6.0 ARISING OUT OF CONTRACT
- § 2.5.2 ADVERSITY OF PARTIES
- § 2.6.1 EXPRESS AND IMPLIED CONTRACTS
- § 2.2 INTRODUCTION
- § 2.7.1 SUCCESS IN THE CONTEXT OF MULTIPLE CLAIMS AND MULTIPLE PARTIES
- § 2.8.2 "REASONABLE ATTORNEYS' FEES" TO "MITIGATE BURDEN OR EXPENSE OF LITIGATION"
- § 2.6.2 ACTIONS INVOLVING NON-CONTRACT CLAIMS
- § 2.3 CONFLICT OF LAWS
- § 2.7.2 THE EFFECT OF SETTLEMENT OFFERS
- § 2.4 APPLICATION OF A.R.S. § 12-341.01(A) IN FEDERAL COURT
- § 2.9 RECOVERY OF FEES BY GOVERNMENTAL ENTITIES
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