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HAIRE v. STEVENSON

Docket No. B028061.

196 Cal.App.3d 1249 (1987)

242 Cal. Rptr. 433

LOUIS W. HAIRE et al., Plaintiffs, Cross-defendants and Appellants, v. ROBERT W. STEVENSON et al., Defendants, Cross-complainants and Respondents.

Court of Appeals of California, Second District, Division Five.

December 10, 1987.

Attorney(s) appearing for the Case

COUNSEL

Lawson M. Brown for Plaintiffs, Cross-defendants and Appellants.

Bushkin, Gaims, Gaines & Jonas and Jerry K. Staub for Defendants, Cross-complainants and Respondents.

OPINION

BOREN, J.

Appellants challenge the propriety of the trial court's order granting costs to respondents. Appellants contend that the court lacked jurisdiction to award costs, including attorney's fees (Civ. Code, § 1717, subd. (a)), to respondents because they were not "prevailing parties," within the meaning of Code of Civil Procedure section 1032, and that respondents waived costs because they failed to file their memorandum...

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