Is a plaintiff's primary right to request statutory attorney's fees and costs distinct from that of entitlement to a degree?

California, United States of America


The following excerpt is from Gribovszki v. Stanford Univ., H034330, No. CV110340 (Cal. App. 2010):

The corresponding right likewise is distinct. As plaintiff observes in his opening brief, "he would still be entitled to official transcripts" even if he has no right to a degree. plaintiff'sclaim of entitlement to official transcripts thus represents a different primary right from his claim of entitlement to a degree. (See Branson v. Sun-Diamond Growers, supra, 24 Cal.App.4th at p. 343 [primary right "to seek authorization for indemnity" pursuant to statute "is not the same cause of action as one for breach of a contract for indemnity"]; Nicholson v. Fazeli (2003) 113 Cal.App.4th 1091, 1102 [request for statutory attorney's fees and costs in dissolution action does not involve the same primary right as cause of action for malicious prosecution].)

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