· 4/6/1995
Chia-Lee Hsu v. Abbara
Citations
- 891 P.2d 804
- 9 Cal. 4th 863
- 39 Cal. Rptr. 2d 824
- 95 Cal. Daily Op. Serv. 2532
- 1995 Cal. LEXIS 2010
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that “[t]he words ‘shall be entitled’” mean that the court is “obligated to award attorney fees[] whenever the statutory conditions have been satisfied”
- discussing an amendment to § 1717 replacing “prevailing party” with “party prevailing on the contract” (emphasis added)
- party can be the prevailing party even if some relief is denied, so long as the party has “achieved its main litigation objective”
- “[I]n determining litigation success, courts should respect substance rather than form, and to this extent should be guided by ‘equitable considerations.’ ”
- “[I]n determining 4 litigation success, courts should respect substance rather than form, and to this extent should be guided by ‘equitable considerations.’
- a defendant is 16 the “prevailing party” under section 1717 when it “defeats recovery by the plaintiff on the 17 only contract claim in the action”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kennard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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