Snyder

We have seen this case before. Appellant Marcus & Millichap prevailed on a previous partial appeal concerning punitive damages and damages for “emotional distress.” However, Marcus & Millichap’s prior partial appeal did not challenge the entry of judgment against Marcus & Millichap for compensatory damages.

Marcus & Millichap contends the trial court should have awarded Marcus & Millichap its attorney fees for the prior appeal, under the fee provision of a relevant contract between the parties, because Marcus & Millichap was the prevailing party on the partial appeal even though judgment was entered against Marcus & Millichap for compensatory damages. We affirm the judgment because we conclude Marcus & Millichap was not the overall prevailing party in the litigation and suffered the entry of an adverse judgment, even though Marcus & Millichap prevailed on subsidiary damages issues on the prior partial appeal.

I. Facts and Procedural History

In our previous opinion in this case (Snyder v. Stephens (Feb. 27, 1995) A062373 [nonpub. opn.]) we ruled in favor of Marcus & Millichap on its two appellate contentions, concluding that the trial court wrongly awarded punitive…