Can a successful party be considered a "prevailing party" for attorney's fees?

California, United States of America


The following excerpt is from GH Capital, LLC v. City of Los Angeles, B221987 (Cal. App. 2011):

Under section 1021.5, "A 'successful party' means a 'prevailing' party." (Bowman v. City of Berkeley (2005) 131 Cal.App.4th 173, 178.) A party who "'"'succeed[s] on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit"'"' may be considered a prevailing party "for attorney's fees purposes." (Ibid.) "The significance of the . . . issue was a matter for the trial court's judgment . . . ." (Ibid.)

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