What is the prevailing party determination for attorney fees under a contract?
California, United States of America
The following excerpt is from Silverado Modjeska Recreation v. County of Orange, D055150 (Cal. App. 2011):
The prevailing party determination, for purposes of awarding attorney fees under a contract, "is to be made only upon final resolution of the contract claims and only by 'a comparison of the extent to which each party ha[s] succeeded and failed to succeed in its contentions.' " (Hsu v. Abbara (1995) 9 Cal.4th 863, 876, italics added.) The trial court's
Page 40
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a contract contains a provision for attorney fees to the prevailing party contains a clause in the contract that makes an otherwise unilateral right reciprocal? (California, United States of America)
What is the test for determining whether a plaintiff is a "prevailing party" in a contract? (California, United States of America)
Is a contract allowing the prevailing party to recover attorney fees in the event of an action being dismissed? (California, United States of America)
Is a plaintiff entitled to an award of attorney's fees on a contract where he was not the prevailing party? (California, United States of America)
If a contract is not a contract, does it provide a basis for determining what obligations the parties have agreed to? (California, United States of America)
Can a party rescind a contract where the contract was signed without the consent of the other party? (California, United States of America)
When a contract contains a provision for attorney fees, can a successful party recover attorney fees? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
What is the test for imposing a sanction including an order requiring an attorney for one party to pay attorney fees for an opposing party? (California, United States of America)
Is there any case law supporting a contracting officer's determination that the contracting officer has the authority to grant a contract to an architect? (California, United States of America)
