What is the test for determining who is the "prevailing party" under section 1717 of the California Civil Code?

California, United States of America


The following excerpt is from Leonard v. Retailer's Credit Ass'n of Grass Valley, Inc., C079880 (Cal. App. 2017):

"In cases where Civil Code section 1717's definition of 'prevailing party' applies, the identification of the party entitled to a fee award must be determined by the final result of the litigation, i.e., after conclusion of the appeal if an appeal is taken. [Citations.] [] Thus, for example, if a litigant successfully obtains reversal on appeal of an unfavorable summary judgment on a contract cause of action, he or she cannot collect an award of attorney fees under [Civil Code] section 1717 until the case has been remanded, tried on the merits and reviewed on appeal, if an appeal is taken, because the party ultimately prevailing on the cause of action cannot be known with certainty until the case is at an end. If the successful appellant loses on the merits after trial, he or she will not be entitled to [Civil Code] section 1717 attorney fees for the appeal because he or she ultimately was not the prevailing party with respect to the contract cause of action." (Butler-Rupp v. Lourdeaux (2007) 154 Cal.App.4th 918, 928.)

Other Questions


Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
Does Section 2924 of the California Civil Code, section 47 of the Code of Civil Procedure, grant privileged communications to a plaintiff in a nonjudicial foreclosure proceeding? (California, United States of America)
What is the effect of section 1714 of the Civil Code 2 (b) and (c) of the California Civil Code, and what are the implications of that section? (California, United States of America)
How have courts interpreted section 139 of the California Civil Code, section 139 2 of the S.C. Code of Civil Procedure? (California, United States of America)
What is the facial constitutionality of the section 17556 (d) of California Government Code 17556, subdivision (d), section 726 of the California Tax Code, providing that a local authority has authority to levy fees on behalf of a third party? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
What is the test to determine whether a corporate officer, director, and stockholder or employee is liable to a third party for breach of section 354 of the California Civil Code of Civil Procedure? (California, United States of America)
In what circumstances will the California Civil Code section 1714 of the Civil Code apply to an individual who has been denied a right to claim damages under the Civil Procedure Act? (California, United States of America)
How has section 1032 of the California Code of Civil Procedure been interpreted in the context of "prevailing party" or "proper party" language? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.