What is the test for determining who is a prevailing party in a personal injury case?
California, United States of America
The following excerpt is from Ochoa v. San Juan, A130993, A131051 (Cal. App. 2014):
doing so, courts should respect substance rather than form. (Hsu v. Abbara (1995) 9 Cal.4th 863, 877.) "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." (Ibid.)
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