Legal Opinion

Joseph Magnin Co. v. Schmidt

Appellate Division of the Superior Court of California

Decided December 26, 1978No. Civ. A. No.1014PublishedCited by 5 opinions

1Opinion of the Court

Opinion

BANCROFT, J.

Plaintiff sued defendant for money due on a retail installment contract. The complaint was filed on October 27, 1976. The amount of the bill was paid to plaintiff on November 29, 1976. At trial, the sole issue was whether plaintiff was entitled to its attorneys fees and costs as the “prevailing party” pursuant to Civil Code section 1811.1. Judgment that plaintiff take nothing was rendered in favor of defendant. Plaintiff appeals.

*Supp. 9We conclude that under Civil Code section 1811.1, plaintiff (appellant herein) is entitled to its attorneys fees and costs from defendant…

2Cases cited3 opinions

  1. Morgan v. Reasor Corp.California Supreme Court · 1968
  2. Minehan v. SilveriaCalifornia Court of Appeal · 1933
  3. Murphy v. CaseyCalifornia Court of Appeal · 1910

3Cited by5 opinions

  1. Damian v. TamondongCalifornia Court of Appeal · 1998
  2. Tun v. Wells Fargo Dealer Services, Inc.California Court of Appeal · 2016
  3. Damian v. TamondongCalifornia Court of Appeal · 1998
  4. Hart v. AUTOWEST DODGECalifornia Court of Appeal · 2007
  5. United Grand Corporation v. StollofCalifornia Court of Appeal · 2022

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