California Court of Appeal January 21, 1994, A061088 (Heather Farms Homeowners Assn. v. Robinson)

Opinion

PETERSON, P. J.

In this case, we hold that a trial court has the authority to determine the identity of the “prevailing party” in litigation, within the meaning of Civil Code

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section 1354, for purposes of awarding attorney fees; and that a defendant dismissed without prejudice in an action to enforce equitable servitudes thereunder is not, ipso facto, such prevailing party.

I.