Is a city entitled to recover attorney fees from a court where the court found that the City was not the prevailing party?

California, United States of America


The following excerpt is from City of W. Hollywood v. Kihagi, 16 Cal.App.5th 739, 224 Cal.Rptr.3d 577 (Cal. App. 2017):

Based on the trial court's judgment, the City was unequivocally the prevailing party and entitled to recover attorney fees. (See Hsu v. Abbara , supra , 9 Cal.4th at p. 876, 39 Cal.Rptr.2d 824, 891 P.2d 804.) Because the injunction is reversed, however, the City has received, at most, only a part of the relief it sought. In this situation, the court has discretion to find that the City is not a prevailing party. ( Id . at p. 875, 39 Cal.Rptr.2d 824, 891 P.2d 804.) In

[224 Cal.Rptr.3d 588]

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