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MAYNARD v. BTI GROUP, INC.

No. A136093.

216 Cal.App.4th 984 (2013)

157 Cal. Rptr. 3d 148

CATHERINE MAYNARD, Plaintiff and Respondent, v. BTI GROUP, INC., Defendant and Appellant.

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

May 29, 2013.

Attorney(s) appearing for the Case

Fritz Law Offices and William F. Fritz for Defendant and Appellant.

Priest Law Offices and William G. Priest for Plaintiff and Respondent.

OPINION

POLLAK, J. —

We here confront the recurring issue of determining the prevailing party for the purpose of awarding attorney fees under a contractual attorney fee provision. Defendant BTI Group, Inc. (BTI), appeals a postjudgment order denying its motion for attorney fees, contending that although it was held liable for damages to plaintiff, Catherine Maynard, under her cause of action for negligence, it was nonetheless the prevailing...

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