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WOOD v. SANTA MONICA ESCROW CO.

No. B205939.

176 Cal.App.4th 802 (2009)

CRAIG WOOD, Plaintiff and Appellant, v. SANTA MONICA ESCROW COMPANY, Defendant and Respondent.

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

August 13, 2009.

Attorney(s) appearing for the Case

Steinmeyer Roth and William Bruce Steinmeyer for Plaintiff and Appellant.

Nordman Cormany Hair & Compton and Meghan B. Clark for Defendant and Respondent.

OPINION

GILBERT P. J.—

A party who prevails on appeal is not necessarily the prevailing party in an action.

Defendant prevailed in the underlying lawsuit when plaintiff dismissed with prejudice. Defendant moved for attorney fees pursuant to a fee provision in the contract between the parties. The trial court denied the motion and defendant appealed. We affirmed.

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