Is appellant a prevailing party in a corporate action brought by a partner in a partnership?

Technically speaking, appellant was "a prevailing party" in that personal liability was not visited upon him on the concept of alter ego. However, respondents were also prevailing parties in relation to the partnership over which appellant exerted control causing respondents to have to sue. While the court found insufficient evidence to pierce the corporate veil, it did find that appellant was, in effect, the cause of the action taken by the partnership resulting in litigation. Under the circumstances the result was a draw and Kytasty v. Godwin (1980) 102 Cal.App.3d 762, 774, 162 Cal.Rptr. 556, cited by appellant

Page 556

[28 Cal.App.4th 469]