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MARINA GLENCOE, L.P. v. NEUE SENTIMENTAL FILM AG

No. B203931.

168 Cal.App.4th 874 (2008)

MARINA GLENCOE, L.P., Plaintiff and Respondent, v. NEUE SENTIMENTAL FILM AG, Defendant and Appellant.

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

November 25, 2008.

Attorney(s) appearing for the Case

Squire, Sanders & Dempsey and James H. Broderick, Jr., for Defendant and Appellant.

Westlake Law Group, Julian A. Simonis; Law Offices of Gary L. Bostwick and Gary L. Bostwick for Plaintiff and Respondent.

OPINION

EPSTEIN, P. J.

In this case, we hold that when a contract provides that the prevailing party is entitled to attorney fees and the plaintiff dismisses the action with prejudice after the start of trial, the defendant is not entitled to attorney fees as the prevailing party. We also find that in this case defendant did not make a statutory offer to compromise within the meaning of Code of Civil...

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