California, United States of America
The following excerpt is from Marina Pacifica Homeowners Ass'n v. S. Cal. Fin. Corp., 20 Cal.App.5th 191, 228 Cal.Rptr.3d 799 (Cal. App. 2018):
And so we return to the question whether the trial court abused its discretion in finding no prevailing party.9 Defendant insists it did, because "where, as here, the results are lopsided, it still is an abuse of discretion to deny prevailing party fees." Defendant cites de la Cuesta v. Benham (2011) 193 Cal.App.4th 1287, 123 Cal.Rptr.3d 453 ( de la Cuesta ), where the court explains that: "If the results in a case are lopsided in terms of one party obtaining greater relief than the other in comparative terms, it may be an abuse of discretion for the trial court not to recognize that the party obtaining the greater relief was indeed the prevailing party." ( Id. at p. 1295, 123 Cal.Rptr.3d 453 ; see also
[20 Cal.App.5th 207]
Silver Creek, LLC v. BlackRock Realty Advisors, Inc. (2009) 173 Cal.App.4th 1533, 1541, 93 Cal.Rptr.3d 864 ["Although a trial court has broad discretion to determine the prevailing party in a mixed result case, its discretion is not unlimited."].)
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