Judge: Elaine W. Mandel, Case: SC129269, Date: 2024-02-15 Tentative Ruling

Case Number: SC129269    Hearing Date: February 15, 2024    Dept: P

Tentative Ruling

Don Chuy’s Restaurant, LLC et al. v. Caffe Roberto, Inc. et al., Case No. SC129269

Hearing Date February 15, 2024

Plaintiff Don Chuy’s Restaurants Motion for Attorney’s Fees (UNOPPOSED)

On September 1, 2023 the court issued a proposed statement of decision finding for plaintiff Don Chuy’s on its cause of action for breach of contract and awarding $179,663.83 in damages. The lease provided “[i]n case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the premises by either party, the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney’s fees.” Don Chuy’s seeks attorney’s fees of $336,706.68 under Code of Civ. Proc. §1717. No opposition was filed.

When a statute, such as Code of Civ. Proc. §1717, does not explicitly define “prevailing party,” “which party, if either, prevailed in an action” is left to the discretion of the trial court. Galan v. Wolfriver Holding Corp. (2000) 80 Cal.App.4th 1124, 1128. In a case with “mixed results,” where a party receives only some of the relief sought, a court can determine, after comparing each party’s objectives to the relief awarded, that there was no prevailing party entitled to attorney’s fees. Olive v. General Nutrition Centers, Inc. (2018) 30 Cal.App.5th 804, 827.

Don Chuy’s complaint sought damages of $1,500,000, plus treble damages. After trial, Don Chuy’s was awarded a fraction of the requested relief, and treble damages were not awarded. While the court awarded judgment for Don Chuy’s on the contract causes of action, it awarded judgment for defendants on the fraud, negligent misrepresentation and unfair business practices claims.

Since all claims arose out of Don Chuy’s possession of the premises, the lease’s attorney’s fees provision and §1717 apply to the entire action, not just the contract claims. The results for Don Chuy’s were mixed and fell short of the litigation objectives as stated in the complaint. The court will exercise its discretion under Galan and Olive and determine that neither party prevailed. No attorney’s fees will be awarded. DENIED.