Thursday, December 11, 2014

In Collections, You've Lost if You've Already Won

Karton v. Dougherty, No. B24431 (D2d1 Nov. 14, 2014)

When a plaintiff sues to collect on a debt, but the debt has already been paid off, the defendant is the prevailing party for the purpose of awarding contractual attorneys’ fees under Civil Code § 1717 and Code of Civil Procedure
§ 1032.

Reversed.

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