Discovery
Civ-Pro
Case Summary |
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1994 A lease clause that permitted the award of attorney fees to a "prevailing party," which it defined as one who received or defeated the relief sought, by trial, voluntary dismissal, or settlement, was at variance with the language of CivC 1717, which provides that there is no prevailing party if a case is dismissed pursuant to a settlement, and was therefore invalid.CitationEXXESS v HEGER (Prevailing Party) 64 CA4 698 [See: CivC 1717; Santisas v Goodin 17 C4 599] |
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Finz Case Law Summaries (Finz Advance Tapes)
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