Prevailing Party: Plaintiffs, Whose Damage Recovery Was Outstripped By Defense Appellate Costs Awarded Earlier, Were Not Prevailing Parties Entitled To Fee Recovery

 

Goodman v. Lozano Paved the Way on This One.

     In Farkas v. 4528 Colbath LLC, Case No. B250440 (2d Dist., Div. 2 Sept. 9, 2014) (unpublished), plaintiffs in a retrial did “net” about $60,000 on a negligence claim (inclusive of one particular plaintiff winning damages on a wrongful eviction claim). However, in an earlier appeal, the defense had been awarded costs on appeal, actually awarded $138,248.29 before the retrial. Plaintiffs were denied an award of fees as the prevailing party, with the lower court reckoning that they did not prevail under Goodman v. Lozano, 47 Cal.4^th 1327 (2010) after “offsetting” the defense appellate costs. On appeal by disappointed plaintiffs, the result did not change because the reviewing court agreed with the lower court’s “offset” analysis. (deSaulles v. Community Hospital of Monterey Peninsula, 225 Cal.App.4^th 1427, 1442 (2014).)