Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

de la Cuesta v. Benham, 193 Cal. App. 4th 1287 (2011)

Citation
de la Cuesta v. Benham, 193 Cal. App. 4th 1287 (2011)
Parent Document
de la Cuesta v. Benham, 193 Cal. App. 4th 1287 (2011)
Jurisdiction
California (state)
Effective Date
2011-03-29

Other Sections in This Document (49)

Full Text

389 chars
But just because a litigant is not entitled to its fees as a matter of the entitlement clause of section 1717 does not mean that discretion cannot be abused. If the law were: Unless you win a complete victory, the trial court has unfettered discretion to declare you a nonwinner, then Hsu’s “comparison of the extent” language and the actual text of section 1717 could readily be thwarted.