Wakefield

Dissenting.—The key to this case is the statutory construction of the words “the party with a net monetary recovery” in Code of Civil Procedure section 1032’s definition of “prevailing party.” If plaintiff Ronald Wakefield was “the party with a net monetary recovery,” the trial court was required to designate him as the prevailing party, our standard of review is de novo, and the trial court erred in failing to award him his costs. If Wakefield was not “the party with a net monetary recovery,” the trial court was free to exercise its discretion to decide which party was the prevailing party, our standard of review is abuse of discretion, and we are required to defer to the trial court’s discretionary decision. Because I am convinced that Wakefield was not “the party with a net monetary recovery,” I dissent.

I. Background

In March 2001, Wakefield purchased real property from defendants Jeff and Charlotte Bohlin. In June 2002, Wakefield filed an action against the Bohlins, the Bohlins’ real estate agents and a plastering company. He asserted five causes of action against the Bohlins: negligence, strict liability, breach of implied warranty, negligent misrepresentation and fraud.…

McADAMS, J.

This is the second appeal in this civil action, which was brought by plaintiff Ronald Wakefield following his purchase of a home from defendants Jeff and Charlotte Bohlin. In Wakefield's first appeal, we affirmed the trial court's disposition of three causes of action in the Bohlins' favor, two by summary adjudication and one by nonsuit. In this appeal, Wakefield contests the trial court's post-judgment award of attorney fees and costs to the Bohlins, which was based on the court's determination that they were prevailing parties.

We conclude that the trial court erred. As we explain: (1) Plaintiff Ronald Wakefield categorically qualifies as a prevailing party, and he is entitled to recover his litigation costs, including attorney fees. (2) Defendant Jeff Bohlin is not a prevailing party, and he may not recover costs or fees. (3) Because of the Bohlins' unity of interest in this litigation, Charlotte Bohlin is not categorically a prevailing party, and any cost award in her favor is discretionary and subject to apportionment; moreover, she is not entitled to recover attorney fees. We therefore reverse the order awarding costs and fees, and we remand the matter to the…

This is the second appeal in this civil action, which was brought by plaintiff Ronald Wakefield following his purchase of a home from defendants Jeff and Charlotte Bohlin. In Wakefield’s first appeal, we affirmed the trial court’s disposition of three causes of action in the Bohlins’ favor, two by summary adjudication and one by nonsuit. In this appeal, Wakefield contests the trial court’s postjudgment award of attorney fees and costs to the Bohlins, which was based on the court’s determination that they were prevailing parties.

We conclude that the trial court erred. As we explain: (1) Plaintiff Ronald Wakefield categorically qualifies as a prevailing party, and he is entitled to recover his litigation costs, including attorney fees. (2) Defendant Jeff Bohlin is not a prevailing party, and he may not recover costs or fees. (3) Because of the Bohlins’ unity of interest in this litigation, Charlotte Bohlin is not categorically a prevailing party, and any cost award in her favor is discretionary and subject to apportionment; moreover, she is not entitled to recover attorney fees. We therefore reverse the order awarding costs and fees, and we remand the matter to the trial…