David S. Karton v. Dougherty
Annotate this CaseKarton filed suit against its former client for unpaid fees and costs and obtained a default judgment, including an award of attorney fees under the parties' retainer agreement. The court reversed the trial court's determination that Karton is the prevailing party for purposes of an award of attorney fees and concluded that the client is the party prevailing on the contract within the meaning of Civil Code section 1717; reversed the trial court's determination that Karton is the prevailing party for purposes of an award of costs and concluded that the client is the party prevailing within the meaning of section 1032; and concluded that Sears v. Baccaglio provided no basis to affirm the awards of attorney fees and costs to Karton.
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