JOSEPH MAGNIN CO. v. SCHMIDT

Docket No. 1014.

89 Cal.App.3d Supp. 7 (1978)

152 Cal. Rptr. 523

JOSEPH MAGNIN COMPANY, INC., Plaintiff and Appellant, v. LINDA SCHMIDT, Defendant and Respondent.

Court of Appeals of California, Appellate Department, Superior Court, Alameda.

December 26, 1978.


Attorney(s) appearing for the Case

COUNSEL

Eskanos, Stansbury, Poole & Fertig and Elizabeth V. Spillner for Plaintiff and Appellant.

Michael G.H. Anderson for Defendant and Respondent.


OPINION

BANCROFT, J.

Plaintiff sued defendant for money due on a retail installment contract. The complaint was filed on October 27, 1976. The amount of the bill was paid to plaintiff on November 29, 1976. At trial, the sole issue was whether plaintiff was entitled to its attorneys fees and costs as the "prevailing party" pursuant to Civil Code section 1811.1. Judgment that plaintiff take nothing was rendered in favor of defendant...

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