James L Harris Painting v. West Bay

Filed 9/3/15 (unmodified opn. attached)

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin) ----

JAMES L. HARRIS PAINTING &

DECORATING, INC.,

Plaintiff and Respondent, C072169

v. (Super. Ct. No. CV032800)

WEST BAY BUILDERS, INC., et al., ORDER MODIFYING OPINION

Defendants and Appellants. [NO CHANGE IN JUDGMENT]

THE COURT:

The opinion filed August 27, 2015, in the above cause is modified in the following respects: On page 6, the first sentence of the first full paragraph is changed to read: In some cases a party may obtain a result that is “so minimal or insignificant as to justify a finding that it did not prevail.” On page 7, the first sentence of the last paragraph is changed to read: Fundamentally, “[t]he determination of whether there is a prevailing party is to be made ‘on a practical level’ after considering what each party accomplished via the litigation.”

1 This modification does not change the judgment.

ROBIE , Acting P.J.

MAURO , J.

HOCH , J.

2 Filed 8/27/15…