California Court of Appeal

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PARROTT v. THE MOORING TOWNHOMES ASSOC., INC, b163008

Award of attorney fees to defendant after plaintiffs voluntarily dismissed their complaint is affirmed where the trial court has the authority to determine the identity of the prevailing party within the meaning of Civil Code section 1354, and where section 1717(b)(2) does not bar fees when defendant sought to recovery pursuant to a fee-shifting statute as opposed to a contract.

Appellate Information

  • Decided 10/21/2003
  • Published 10/21/2003

Judges

  • DOI TODD, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Peter M. Parrott and Lane P. Parrott, in pro. per., for Plaintiffs and Appellants.

  • For Appellees:
  • Swedelson & Gottlieb, Los Angeles, David C. Swedelson and Melanie J. Bingham for Defendant and Respondent.
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