Prevailing Party: Trial Judge’s Decision To Award No Fees–Here Results Were Mixed–Was No Problem

 

Alter Ego Allegations Likely Drove The Result Here.

 

    In Dominski v. Lazar, Case No. B268187 (2d Dist., Div. 5 Mar. 29, 2017) (unpublished), which involved a custom home construction dispute, homeowners did prevail against the construction company but did not prevail against the construction company principal despite alter ego allegations which did not ultimately succeed. The trial court denied attorney’s fees and costs to everyone, after finding the results were “mixed” and no one prevailed. This determination stood up on appeal, both for fees and costs, especially given that the defense shared counsel at the trial court level.

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