. . . After All, Prevailing Party Status Had To Await Determination On a Retrial.
So, what happens when defendants appeal a denial of Civil Code section 1717 fees against one plaintiff, who successfully obtains an appellate reversal because an affiliated party was not added as a party pursuant to a motion to amend during trial? The result is affirmed, according to the reviewing court in Costa v. Sirimanne, Case No. B237130 (2d Dist., Div. 1 Dec. 12, 2013) (unpublished), a 3-0 panel decision authored by Presiding Justice Mallano. The reason? The prevailing party determination had to wait upon what happens after a retrial.