Meera T. Parikh is one of the partners at Poniatowski Leding Parikh Law Corporation. Meera specializes in business and commercial litigation, real estate litigation, and creditor’s rights in bankruptcy and receiverships. Meera graduated from the University of Houston with a degree in Cell and Molecular Biology. She then continued her education at Santa Clara University School of Law where she received her J.D. and certification in High Tech law. Meera is also a member of the US Patent Bar and was previously a patent attorney in Silicon Valley. Continue reading
Monthly Archives: December 2017
Appellate Court Holds That Attorneys Fees Not Recoverable Even Though Credit Application Contained A “Prevailing Party Attorneys Fees” Clause
Many businesses rely on a credit application for the terms and conditions of its sales to its customers. Often the credit application is the only document that the customer actually signs. Relying on invoices, purchase orders, bills of lading, delivery tickets and the like that are not signed by the customer in the ordinary course of business will not support an award of attorneys fees in the event of a collection action and judgment. This is true even though these documents may contain a prevailing party attorneys fees clause. Because the credit application is usually signed by the customer, however, the creditor/seller often successfully relies on the prevailing party attorneys fees clause in the signed credit application for an award of attorneys fees in the event of collection litigation and judgment. Continue reading