California Court of Appeal

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De Le Cuesta v. Benham, G043788

In a case involving the scope of the discretionary authority of a trial court to determine whether there was a prevailing party, Civil Code section 1717, judgment of trial court that there was no prevailing party for purposes of an attorney fee clause in a residential lease agreement is reversed, where judgment was a clear abuse of discretion.

Appellate Information

  • Decided 03/29/2011
  • Published 03/29/2011




  • California Court of Appeal


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