Pierry, Inc. v. Thirty-One Gifts, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division PIERRY, INC., Case No. 17-cv-03074-LB
Plaintiff,
ORDER DENYING PREVAILING-
v. PARTY MOTIONS
THIRTY-ONE GIFTS, LLC, Re: ECF Nos. 251 &252 Defendant. THIRTY-ONE GIFTS, LLC, Counterclaimant, v.
PIERRY, INC.,
Counter-Defendant. 21 INTRODUCTION The remaining issue in the lawsuit is whether either party is the prevailing party entitled to recover attorney’s fees and costs under their contract.1 Because neither party achieved greater relief under the contract, neither is the prevailing party. The court does not exercise its discretion to award fees. 27 ANALYSIS The contract here limits liability to outstanding fees and expenses, excludes consequential and related damages, and allows the prevailing part to recover its attorney’s fees and costs.2 The court 4 …