Prevailing Party: Where Defendants Prevailed On Dispositive Motions In Limine And Motion For Judgment On The Pleadings, Dismissal Without Prejudice By Plaintiffs Did Not End The Ability For Any Party To Seek Prevailing Party Fees

Case Involved The Claim That Individual Defendants Were Guarantors Under A Lease.

            In Canales v. Superior Court, Case Nos. B321796 et al. (2d Dist., Div. 4 Nov. 16, 2023) (unpublished), on the day of trial, the lower court indicated tentative decisions to grant the defense motions in limine and its own sua sponte motion for judgment on the pleadings in a case where plaintiff claimed defendants were guarantors under a commercial lease.  Plaintiff then dismissed its complaint without prejudice, a request granted by the lower court and led it to deny attorney’s fees to the defense as the prevailing party.

            The 2/4 DCA reversed on both fronts.  The principal reason was that the trial had commenced so that only a with prejudice dismissal could be entered.  So, that meant who prevailed as far as fee exposure was an open issue which had to be explored on remand.