Anderson v. Sullivan Motor Cars
This appeal addresses whether a plaintiff suing for violations of the Consumer Legal Remedies Act (CLRA) (Civ. Code, 1750[1] et seq.) is bound by his waiver of statutory attorneys fees ( 1780, subd. (e)) in accepting defendants Code of Civil Procedure section 998 settlement offer. We conclude that the plaintiffs acceptance of the settlement agreement, which contained an express waiver of his right to attorneys fees, was valid, binds the plaintiff, and prohibits an award of attorneys fees. Moreover, the prohibition of waiver of provisions of the CLRA in section 1751 does not invalidate plaintiffs waiver of attorneys fees. We affirm the order denying plaintiffs motion for attorneys fees.
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