California Court of Appeal

In plaintiff's Civ. Code section 55 motion for attorney fees in connection with a suit to force a landowner to install a designated van-accessible handicap parking space, trial court's denial of the motion is affirmed as, for purposes of section 55, a plaintiff who files a dismissal is not the prevailing party under the catalyst theory unless the plaintiff made a prelitigation demand for corrective action, and here, plaintiff did not attempt to settle prior to filing and was not the prevailing party under Graham v. DaimlerChrysler Corp.

Appellate Information

• Decided 06/30/2010
• Published 06/30/2010

Judges

• Ashmann-Gerst, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Morse Mehrban, Glen Timothy