Defendant Did Prevail—Defensed Complaint Entirely, Which Mooted Most Of His Cross-Complaint Claims Except For One Cross-Claim Resolved In Plaintiff’s Favor.
In Sandford v. Sandford, Case No. G057066 (4th Dist., Div. 3 Nov. 3, 2020) (unpublished), a family squabble, defendant/cross-complainant got the better of plaintiff/cross-defendant over a loan dispute, defensing plaintiff’s complaint in entirety, having most of the cross-claims declared moot, and having one cross-claim resolved in plaintiff/cross-defendant’s favor. Based on the perception defendant was the prevailing party, $145,116 in attorney’s fees and costs were awarded against plaintiff based on contractual fee clauses. Plaintiff’s appeal did not change things, because a pragmatic view of what happened showed that most of the defense cross-claims were defensive in nature and that defendant achieved his litigation objectives. Fee award affirmed, in a 3-0 opinion authored by Acting Presiding Justice Moore.