What is the test for determining who is the "prevailing party" in a motion for summary dismissal?

California, United States of America


The following excerpt is from Knight v. Conroy, E049034, Super.Ct.No. CIVHS700049 (Cal. App. 2010):

defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant." (Code Civ. Proc., 1032; see also Goodman v. Lozano (2010) 47 Cal.4th 1327, 1333.) Based upon the foregoing definition, we are not persuaded by the argument that "prevailing party" refers to the signatory parties to a contract.

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