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

California, United States of America


The following excerpt is from Gill v. Zuiderweg-Andrews, 2d Civ. No. B269533 (Cal. App. 2017):

pleadings, trial briefs, opening statements, and similar sources. The prevailing party determination is to be made only upon final resolution of the contract claims and only by 'a comparison of the extent to which each party ha[s] succeeded and failed to succeed in its contentions.'" (Hsu v. Abbara (1995) 9 Cal.4th 863, 876.) "[I]n determining litigation success, courts should respect substance rather than form, and to this extent should be guided by 'equitable considerations.' For example, a party who is denied direct relief on a claim may nonetheless be found to be a prevailing party if it is clear that the party has otherwise achieved its main litigation objective." (Id. at p. 877, italics omitted.)

Other Questions


What is the test for determining whether a plaintiff's financial condition is to be considered a factor in determining whether to award punitive damages? (California, United States of America)
What is the test for determining whether a plaintiff is a "prevailing party" in a contract? (California, United States of America)
What is the test for determining whether a plaintiff is a "prevailing party" in a motion for attorney fees? (California, United States of America)
What is the test for determining whether a physician is qualified to determine whether a plaintiff has a valid claim for medical malpractice? (California, United States of America)
What is the test for determining whether a plaintiff is the prevailing party in a personal injury action? (California, United States of America)
What is the test for determining whether a party to a long-term relationship with another party has a right to receive support payments after the relationship has ended? (California, United States of America)
What is the test for determining whether a party has prevailed on its cause(s of action)? (California, United States of America)
What is the test for determining whether a party can appeal against a finding that a party to the Cannabis Control Act is acting unlawfully? (California, United States of America)
What is the test for determining whether the court considered all relevant factors in determining a plaintiff's claim? (California, United States of America)
What is the test for determining whether a party has a valid claim against the other party? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.