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De Le Cuesta v. Benham, G043788

Trial court abused its discretion in determining there was no prevailing party for purposes of Civil Code Sec. 1717 where landlord in dispute with tenant for unpaid rent recovered 70% of what he claimed was owing.
De Le Cuesta v. Benham filed March 29, 2011, Fourth District, Div. Three

http://caselaw.findlaw.com/summary/opinion/ca-court-of-appeal/2011/03/29/254622.html