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California Court of Appeal

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Glencoe v. Neue Sentimental Film AG, B203931

In a matter arising out of a commercial property lease, order denying defendants attorneys fees is affirmed where: 1) when a contract provides that the prevailing party is entitled to attorney fees and the plaintiff dismisses the action with prejudice after the start of trial, the defendant is not entitled to attorney fees as the prevailing party; and 2) the defendant did not make statutory offer to compromise within the meaning of Code of Civil Procedure section 998 and could not recover attorney fees as costs under that statute.

Appellate Information

  • Decided 11/25/2008
  • Published 11/25/2008




  • California Court of Appeal


  • For Appellees:
  • Squire, Sanders & Dempsey and James H. Broderick, Jr., Los Angeles, for Defendant and Appellant., Westlake Law Group, Julian A. Simonis;  Law Offices of Gary L. Bostwick and Gary L. Bostwick for Plaintiff and Respondent.
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