Legal Opinion
Marina Glencoe, L.P. v. Neue Sentimental Film AG
California Court of Appeal
Decided November 25, 2008No. B203931PublishedCited by 8 opinions
1Opinion of the Court
Opinion
EPSTEIN, P. J.
In this case, we hold that when a contract provides that the prevailing party is entitled to attorney fees and the plaintiff dismisses the action with prejudice after the start of trial, the defendant is not entitled to attorney fees as the prevailing party. We also find that in this case defendant did not make a statutory offer to compromise within the meaning of Code of Civil Procedure section 998, and hence cannot recover attorney fees as costs under that statute.
FACTUAL AND PROCEDURAL SUMMARY
Neue Sentimental Film USA (NSF-USA) leased a commercial property from Marina…
2Cases cited11 opinions
- Santisas v. GoodinCalifornia Court of Appeal · 1998
- T. M. Cobb Co. v. Superior CourtCalifornia Supreme Court · 1984
- International Industries, Inc. v. OlenCalifornia Supreme Court · 1978
- Hong Liu v. MooreCalifornia Court of Appeal · 1999
- Topanga and Victory Partners v. ToghiaCalifornia Court of Appeal · 2002
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3Cited by8 opinions
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- Bank of America v. MitchellCalifornia Court of Appeal · 2012
- CDF Firefighters v. MaldonadoCalifornia Court of Appeal · 2011
- Aronson v. Advance Cell TechnologyCalifornia Court of Appeal · 2011
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