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California Court of Appeal


Charton v. Harkey, 050514

In an action for attorney's fees, the trial court's determination defendant was a prevailing party entitled to recover costs as a matter of right is affirmed over plaintiff's claim that the so-called unity of interest exception, which provides a trial court with discretion to deny prevailing party status to a defendant who otherwise would be entitled to recover costs as a matter of right when that defendant is united in interest with, and asserted the same defenses in the same answer as, other defendants who did not prevail and are not entitled to recover their costs, where these cases are no longer controlling.

Appellate Information

  • Published 2016/05/25

Judges

  • ARONSON

Court

  • California Court of Appeal

Counsel

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