California, United States of America
The following excerpt is from Wallace v. Consumers Cooperative of Berkeley, Inc, 170 Cal.App.3d 836, 216 Cal.Rptr. 649 (Cal. App. 1985):
As for the principles applicable when a plaintiff has prevailed on some claims but not others, Hensley v. Eckerhart, supra, 461 U.S. 424, 103 S.Ct. 1933, 76 L.Ed.2d 40 is instructive. The issue in that case was whether a plaintiff who was successful on only some claims raised in a civil rights action was entitled to recover fees for services on the unsuccessful claims. In such a case, the court explained, the threshold determination was whether plaintiff was a prevailing party, and plaintiffs may be considered prevailing " 'if they succeed on any significant issue in litigation which achieves some of the benefit the parties sought in bringing suit.' [Citation.]" (Id., at p. 433, 103 S.Ct. at p. 1939.)
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