Galan v. Wolfriver Holding Corp., 80 Cal. App. 4th 1124 (2000)

Citation: Galan v. Wolfriver Holding Corp., 80 Cal. App. 4th 1124 (2000)
Parent Document: Galan v. Wolfriver Holding Corp., 80 Cal. App. 4th 1124 (2000)
Jurisdiction: California (state)
Effective Date: 2000-05-22
Original Source: https://www.courtlistener.com/opinion/5808516/galan-v-wolfriver-holding-corp/ ↗

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Heather Farms Homeowners Assn. v. Robinson (1994) 21 Cal.App.4th 1568 [26 Cal.Rptr.2d 758] (hereafter, Heather Farms) is instructive. In Heather Farms, the court was presented with the question of defining “prevailing party” within the meaning of Civil Code section 1354, pertaining to enforcement of CC&R’s (covenants, conditions, and restrictions). Faced with the lack of an explicit definition within that statute, Heather Farms held the trial court had discretion to determine the identity of the prevailing party for purposes of awarding attorney fees, and that a defendant dismissed without prejudice in an action to enforce equitable servitudes is not by reason of that fact the prevailing party. (Heather Farms, supra, 21 Cal.App.4th at pp. 1570-1571, 1574.)

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