SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, SOUTH DISTRICT
Breckenridge Property Fund 2016, LLC, Plaintiff, v. Joaquin Hernandez, and Does 1 to 10, Defendants.
Case No.: 19LBUD02706
ORDER ON DEFENDANT’S MOTION FOR ATTORNEY FEES
Hearing date: July 6, 2020
Defendant Ramon Jose has filed his Motion for Attorneys Fees seeking attorney’s fees pursuant to Civil Code § 1717 and Rule of Court 3.1702. He seeks $500 pursuant to contract. This case was voluntarily dismissed without prejudice by Plaintiff before there was a trial date set. Defendant claims that he is the “prevailing party” under the contract. He claims that the circumstances of the voluntary dismissal mandate that the Court should rule that the voluntary dismissal was a “mere formality” entitling him to attorney fees. See Franklin Capital Corporation v. Wilson (2007) 148 Cal.App.4th 187.
The Procedural History of This Case
This unlawful detainer action was initiated by Plaintiff Breckenridge Pr
Hearing Date
July 06, 2020
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, SOUTH DISTRICT
Breckenridge Property Fund 2016, LLC, Plaintiff, v. Joaquin Hernandez, and Does 1 to 10, Defendants.
Case No.: 19LBUD02706
ORDER ON DEFENDANT’S MOTION FOR ATTORNEY FEES
Hearing date: July 6, 2020
Defendant Ramon Jose has filed his Motion for Attorneys Fees seeking attorney’s fees pursuant to Civil Code § 1717 and Rule of Court 3.1702. He seeks $500 pursuant to contract. This case was voluntarily dismissed without prejudice by Plaintiff before there was a trial date set. Defendant claims that he is the “prevailing party” under the contract. He claims that the circumstances of the voluntary dismissal mandate that the Court should rule that the voluntary dismissal was a “mere formality” entitling him to attorney fees. See Franklin Capital Corporation v. Wilson (2007) 148 Cal.App.4th 187.
The Procedural History of This Case
This unlawful detainer action was initiated by Plaintiff Breckenridge Pr