California Court of Appeal

Trial court order denying plaintiff's motion for attorney's fees is reversed where the court abused its discretion when it decided there was no prevailing party on a contract for purposes of awarding attorney's fees under Civil Code sec. 1717(b) as the record clearly revealed that Silver Creek obtained greater relief on the contract.

Appellate Information

• Decided 05/20/2009
• Published 05/20/2009

Judges

• McINTYRE, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Niddrie, Fish & Buchanan and David A. Niddrie, San Diego;  Ferrette Alcorn Pharies & Dorgan and Glen F. Dorgan, San Diego;  and Eric Mogensen, San Jose, for Appellants.


• For Appellees:
  
• Winston & Strawn, John S. Gibson and Veronica L. Harris, Los Angeles, for Respondent.