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
Original Source: https://www.courtlistener.com/opinion/5810133/de-la-cuesta-v-benham/ ↗

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Kytasty v. Godwin (1980) 102 Cal.App.3d 762 [162 Cal.Rptr. 556] (Kytasty), the genesis of the “good news bad news” trope that has become widely invoked in section 1717 prevailing party law,8 was similar to Nasser in that a given “right” was validated, but its scope was curtailed: There, a claimed 60-foot-wide easement was reduced by 80 percent to 12 feet. Using a “good conscience test,” the appellate court could not find that either side had prevailed. (See Kytasty, supra, 102 Cal.App.3d at p. 774 [“The judgment as well as this opinion must be considered good news and bad news to each of the parties, and in good conscience we cannot say attorneys’ fees should be awarded either for the trial or for this appeal.”].)

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