POOF!: Strikes Again In A Reversal Of A Dispute Involving A Settlement Agreement With A Fees Clause

Second District, Division 1 Follows the General Reversal Rule.

     In Steinman v. Malamed, Case Nos. B216291/B218554 (2d Dist., Div. 1 June 28, 2010) (certified for publication), the appellate court reversed a dispute over prepayment under a settlement agreement with a fees clause. (The winning party reaped a $47,250 fee award.) So, that reversal meant that winner below was no longer the prevailing party such that the fee award had to fall also. (Giles v. Horn, 100 Cal.App.4th 206, 241 (2002).) Or, to use our own verbiage on the issue, the fee award went POOF!

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