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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

337 chars
Subdivision (b)(2) of section 1717 says there is to be no prevailing party where the action “has been voluntarily dismissed or dismissed pursuant to a settlement of the case.” By the statute’s own terms, neither situation (there was no voluntary dismissal and the possession claim was only rendered moot, it wasn’t settled) applies here.