Other Side Did Obtain a $53,000 Judgment, So Partial Wins and Losses Sustained No Prevailing Party Lower Court Determination.
In Fed. Nat. Mortg. Assn. v. Rothman, Case No. G048156 (4th Dist., Div. 3 Jul. 28, 2014) (unpublished), HOA attorney/litigant filed a costs memorandum and fees motion claiming he was the winning party in a dispute involving claims that improper charges were included in homeowner association assessment liens. In the end, the lender side obtained a $53,000 judgment, while Rothman defeated several claims in a consolidated case involving several matters. However, in the end, both sides got some partial wins and losses, leading the lower court to deny attorney’s request for cots and fees.
This one was affirmed. The lower court exercised its discretion to not award costs to attorney Rothman under CCP § 1032(a)(4), while the partial win/partial loss rationale also justified denying fees.
Justice Moore penned the decision for a 3-0 panel.