In Mankowski v La Cumbre Owners Assn., Inc., Case No. B236025 (2d Dist., Div. 6 Nov. 13, 2012) (unpublished), plaintiff townhouse owner was apparently really mad that the trial court found no one prevailed in her slander of title/declaratory relief action over the characterization of a driveway after her sister contributed to her incurring attorney’s fees of $17,726.45 after sister lost a prior towing dispute.
The procedural history of the case showed that plaintiff was summary adjudicated out of her slander of title claim, and that the lower court really decided the driveway characterization issue under the declaratory relief claim in a manner that neither party really advocated. Under these circumstances, no one was found to prevail.
Fee denial affirmed in this one. After all, plaintiff lost the slander of title claim and the remaining declaratory relief claim was decided somewhat in plaintiff’s favor, but not on the theory really advanced by either side. Because the “prevailing party” determination in an unclear winner situation is reviewed for abuse of discretion, plaintiff did not hurdle this formidible review standard based on the facts of this particular cause.