Can Respondents be considered "proceeding on the issue of liability" under section 1032 of the California Vehicle Accident Act?

Respondents clearly fall within the latter defined categories of the statute. Although failing to obtain a net monetary recovery at the second trial, respondents prevailed on the issue of liability in both the first and the second trial. The record is undisputed that the jury found appellant liable for negligent misrepresentation of property defects, and it determined the proportion of his fault in 21 percent. The adjudication of appellant's liability was not disturbed by either the first or the second court. Prevailing on the issue of liability may be deemed sufficient in itself to determine a prevailing party under the broad definition of section 1032. (See underlined portion of the statute, supra.) A plaintiff will be considered a prevailing party when the lawsuit yields the primary relief sought in the case. (Elster v. Friedman (1989) 211 Cal.App.3d 1439, 1443-1444, 260 Cal.Rptr. 148; California Common Cause v. Duffy (1987) 200 Cal.App.3d 730, 741, 246 Cal.Rptr. 285.)