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SANDS & ASSOCIATES v. JUKNAVORIAN

No. B232686.

209 Cal.App.4th 1269 (2012)

147 Cal. Rptr. 3d 725

SANDS & ASSOCIATES, Plaintiff and Respondent, v. MARTIN JUKNAVORIAN, Defendant and Appellant.

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

October 10, 2012.

Attorney(s) appearing for the Case

Law Office of Victor Jacobovitz and Victor Jacobovitz for Defendant and Appellant.

Heleni E. Suydam for Plaintiff and Respondent.

OPINION

MALLANO, P. J. —

The question on appeal is whether a law firm can recover attorney fees under a "prevailing party" clause when the firm is a successful litigant represented by "of counsel." Our analysis is based on two well-settled principles. First, when a law firm is the prevailing party in a lawsuit and is represented by one of its partners, members, or associates, it cannot recover attorney fees even though the litigation...

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