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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

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*1295First, why even bother comparing the “extent” of a party’s success or failure, or including a “prevailing party” attorney fee provision in a contract at all (no matter how otherwise fair or bilateral) if the trial court can simply then turn around and nullify that provision if there is anything less than 100 percent success as measured against the most extreme claim for relief taken by a litigant at any point during the litigation?