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