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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.