Case Involved The Claim That Individual Defendants Were Guarantors Under A Lease.
In Canales v. Superior Court, Case Nos. B321796 et al. (2d Dist., Div. 4 Nov. 16, 2023) (unpublished), on the day of trial, the lower court indicated tentative decisions to grant the defense motions in limine and its own sua sponte motion for judgment on the pleadings in a case where plaintiff claimed defendants were guarantors under a commercial lease. Plaintiff then dismissed its complaint without prejudice, a request granted by the lower court and led it to deny attorney’s fees to the defense as the prevailing party.
The 2/4 DCA reversed on both fronts. The principal reason was that the trial had commenced so that only a with prejudice dismissal could be entered. So, that meant who prevailed as far as fee exposure was an open issue which had to be explored on remand.