Respondent Satisfied Pragmatic Test for Prevailing under 1717.
In Adelman v. Adelman, Case No. B248303 (2d Dist., Div. 4 May 13, 2014) (unpublished), respondent was awarded fees after successfully litigating the issue of whether appellant vacated a property and left it in “broom clean” condition. Respondent proved that she had to incur clean-up costs based on appellant’s breach of the “broom clean” condition in a settlement agreement with a fees clause. Because the trial court found in favor of respondent, she did prevail so as to be entitled to 1717 fees as the “pragmatic” winner under prevailing party 1717 jurisprudence.