Is there any case law where a court has considered prevailing party status for attorney fees?

California, United States of America


The following excerpt is from Sharif v. Mehusa, Inc., B255578 (Cal. App. 2015):

Plaintiff quotes Flannery v. California Highway Patrol (1998) 61 Cal.App.4th 629, 647 for the proposition that "'[w]hether an [attorney fee] award is justified and what amount the award should be are two distinct questions, and the factors relating to each must not be intertwined or merged.'" She then argues that "the record amply demonstrates the trial court commingled its analysis of prevailing party status with its determination of the amount of the fee award due to [plaintiff]. The court equated [defendant's] analysis that three-fourths of its attorney's time was expended in defense of the unpaid general wage claim with a three-fourths prevailing party status."

Other Questions


Can a client pursue attorney fees in small claims court or municipal court for some attorney fees required to mitigate or cure the effects of the lawyer's malpractice? (California, United States of America)
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)
Can a contractual attorney's fee provision allow the prevailing party to recover attorney's fees in a non-contractual or tort action? (California, United States of America)
Can a successful party be considered a "prevailing party" for attorney's fees? (California, United States of America)
Can a trial court apportion liability for attorney fees among non-prevailing parties? (California, United States of America)
When a contract contains a provision for attorney fees, can a successful party recover attorney fees? (California, United States of America)
Can a court award attorney general fees to a successful party against one or more opposing parties? (California, United States of America)
What is the test for imposing a sanction including an order requiring an attorney for one party to pay attorney fees for an opposing party? (California, United States of America)
Is a plaintiff entitled to recover time, attorney fees and attorney fees incurred by a plaintiff in a personal injury action against a third party? (California, United States of America)
When a party opposing an attorney fees motion fails to request a statement of decision with specific findings, does the party have to affirmatively show error on the part of the trial court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.