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SEARS v. BACCAGLIO

Docket No. A070295.

60 Cal.App.4th 1136 (1998)

BRIAN F. SEARS, Plaintiff and Appellant, v. MARTIN H. BACCAGLIO, Defendant and Appellant.

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

January 14, 1998.

Attorney(s) appearing for the Case

COUNSEL

Christopher Ream for Plaintiff and Appellant.

Berliner Cohen, Frank R. Ubhaus and Jeffrey S. Stone for Defendant and Appellant.

[Opinion certified for partial publication.*]

OPINION

LAMBDEN, J.

This opinion considers a question which routinely troubles trial courts attempting to identify the "prevailing party" for the purpose of awarding attorney's fees resulting from litigation of contracts. Periodic legislative modification of the "American" rule provided by Code of Civil...

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