California Court of Appeal

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Mundy v. Neal, B219711

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

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

Judges

  • Ashmann-Gerst, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Morse Mehrban, Glen Timothy