$57,834 Fee Request Properly Denied.
Just to show you how “prevailing party” determinations for attorney’s fees and costs purposes diverge, stay with us and follow the next case.
In Chu v. Madison, Case No. A127892 (1st Dist., Div. 1 Apr. 21, 2011) (unpublished), the trial court denied a fee request by plaintiffs for $57,834. The principal basis was that plaintiffs did not prevail on contractually-based fee claims, although they did recover on other claims.
The appeal did not go well for plaintiffs.
After all, they lost on the contract claims so they were not entitled to a contractual fee award as a matter of law. Costs, okay; fee award, no go.
“Now we’re up, now we’re down, we can see all over town.” 1906. Library of Congress.