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HEATHER FARMS HOMEOWNERS ASSN. v. ROBINSON

Docket No. A061088.

21 Cal.App.4th 1568 (1994)

26 Cal. Rptr.2d 758

HEATHER FARMS HOMEOWNERS ASSOCIATION, INC., Plaintiff and Respondent, v. WAYNE ROBINSON, Defendant and Appellant.

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

January 21, 1994.

Attorney(s) appearing for the Case

COUNSEL

Smith, Merrill & Peffer, Charles E. Merrill and Karl R. Molineux for Defendant and Appellant.

Abend, Lepper, Jacobson, Schaefer & Hughes and Gary M. Lepper for Plaintiff and Respondent.

OPINION

PETERSON, P.J.

In this case, we hold that a trial court has the authority to determine the identity of the "prevailing party" in litigation, within the meaning of Civil Code1 section 1354, for purposes of awarding attorney fees; and that a defendant dismissed without prejudice in an action to enforce equitable servitudes thereunder is not, ipso facto, such prevailing party.

I. FACTUAL...

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