What is the test for determining whether a plaintiff is a "prevailing party" in a motion for attorney fees?

California, United States of America


The following excerpt is from Bonacci v. Maranhas, B298194 (Cal. App. 2020):

"'In the absence of legislative direction in the attorney fees statute, the courts have concluded that a rigid definition of prevailing party should not be used. [Citation.] Rather, prevailing party status should be determined by the trial court based on an evaluation of whether a party prevailed "'on a practical level,'" and the trial court's decision should be affirmed on appeal absent an abuse of discretion.' [Citation.]" (Sharif v. Mehusa (2015) 241 Cal.App.4th 185, 192.)

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