Wood v. Santa Monica Escrow Co.

Opinion

GILBERT, P. J.

A party who prevails on appeal is not necessarily the prevailing party in an action.

Defendant prevailed in the underlying lawsuit when plaintiff dismissed with prejudice. Defendant moved for attorney fees pursuant to a fee provision in the contract between the parties. The trial court denied the motion and defendant appealed. We affirmed.

Plaintiff now seeks attorney fees because he prevailed on defendant’s appeal of the denial of its motion for fees. We agree with the trial court that plaintiff is not entitled to fees. Defendant is the prevailing party in the lawsuit…