Party Receiving Benefit Under Settlement Is ‘Prevailing’
A man who bought a four-pack box of a mixed cocktail at a liquor store, noting that the label said it contained tequila, and discerned that it contained none of that type of liquor, sued under a consumer protection statute and settled for $2,500, is entitled to an award of attorney fees, the Court of Appeal held yesterday, rejecting a judge’s theory that there is no “prevailing party” where a statutory offer of compromise is accepted.
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