As discussed below, appellant s position is correct. According to appellant, CDFF s dismissal of its remaining claim for $743 does not negate his prevailing party status on the $22,000 claim that was adjudicated. Therefore, appellant argues, he was the prevailing party on this claim and is entitled to an award of reasonable attorney fees. Appellant contends that, because the $22,000 claim was a legally separate cause of action based on a distinct contractual obligation, it could not be voluntarily dismissed after it was adjudicated in appellant s favor. That section provides that here an action has been voluntarily dismissed ¦ there shall be no prevailing party for purposes of this section.
#Cdf fire fighters trial
The trial court denied appellant s motion on the ground that CDFF s dismissal of its remaining claim for the $743 fine precluded any award of attorney fees under section 1717, subdivision (b)(2). Appellant moved for an award of attorney fees under Civil Code2 section 1717 as the prevailing party on CDFF s claim for $22,000. Thereafter, CDFF dismissed its remaining claim against appellant for $743.301 with prejudice. After six years of litigation, the $22,789.96 fine levied against appellant was found to be invalid and thus appellant was granted a partial judgment on the pleadings. The complaint alleged that appellant and Pittman had breached their contractual relationship with CDFF by failing to pay the fines that CDFF had levied against them. Respondent, CDF Firefighters (CDFF), the labor union for firefighters employed by the State of California, filed a complaint for breach of contract against two of its former members, appellant, Richard Maldonado, and Michael Pittman.
Carroll, Burdick & McDonough, Gregg McLean Adam, Jonathan Yank and Jennifer S. APPEAL from an order of the Superior Court of Fresno County. MALDONADO, OPINION Defendant and Appellant. Filed 10/26/11 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT CDF FIREFIGHTERS, F061183 Plaintiff and Respondent, (Super.