Harris v. Rojas
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At issue in this appeal is the attorney fee clause in a commercial space lease that plaintiff leased from defendant. After nearly three years and a jury trial, the jury gave plaintiff $6,450 on his contract claim, which was 3 percent of his request and which the trial court offset and reduced in the final judgment.
The Court of Appeal affirmed, concluding that when the demand is $200,000 and the verdict is $6,450 or less, the trial judge has discretion to decide the "victory" is pyrrhic and nobody won. In this case, plaintiff's recovery was too little for him to be considered the prevailing party. Furthermore, if the court aggregated the judgments from the two cases that should have been unified by a notice of related cases, defendant is the net winner.
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