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/ ↗

Full Text

823 chars

And finally, there is Silver Creek, a case which followed Hsu’s equitable consideration language in terms of the relative litigation success of the parties to conclude that the trial court had indeed abused its discretion in refusing to declare a would-be seller the prevailing party, even though the seller lost one of the two issues contested: Silver Creek was another real-estate-deal-fallen-through case, in which the seller struck first, seeking a declaration that it had validly terminated the transaction and was entitled to retain the buyer’s deposit. It won on the termination issue, but lost on the deposit issue, and the trial court determined there was no winner, “essentially declaring a tie because each party won one of the claims presented for resolution.” (Silver Creek, supra, 173 Cal.App.4th at p. 1540.)

Other Sections in This Document (49)

Full Text