What is the test for determining whether a plaintiff is a "prevailing party" in a contract?

California, United States of America


The following excerpt is from U-Haul Co. of Cal. v. City of Berkeley, A136973, A137541 (Cal. App. 2014):

Further, the trial court may "reduce the amount of the attorney fees to be awarded where a prevailing party plaintiff is actually unsuccessful with regard to certain objectives of its lawsuit." (Sokolow v. County of San Mateo (1989) 213 Cal.App.3d 231, 249.) This equitable apportionment is generally left to the trial court's sound discretion. (Id. at p. 248.) "[T]he trial court is to compare the relief awarded on the [parties'] claim or claims with the parties' demands on those same claims and their litigation objectives as disclosed by the pleadings, trial briefs, opening statements, and similar sources." (Hsu v. Abbara (1995) 9 Cal.4th 863, 876 [interpreting the phrase "prevailing party" in Civil Code 1717, which grants either party the right to recover attorney fees in the event of litigation on the contract].) " 'Typically, a determination of no prevailing party results when both parties seek relief, but neither prevails, or when the ostensibly prevailing party receives only a part of the relief sought.' [Citation.] By contrast, when the results of the litigation on the [] claims are not mixed--that is, when the decision on the litigated []

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