Highland Owners Assn. v. Cobler
Appellant Jann Cobler appeals from the following: (1) an order granting respondent Highlands Owners Association's (Association) motion for attorney fees and costs and denying Cobler's motion for the same; (2) an order awarding Association additional attorney fees and costs; and (3) an action of the court taking Cobler's motion to enforce liability on the bond off calendar. She argues she is entitled to her attorney fees and costs under Civil Code section 1354 as a matter of law because Association voluntarily dismissed the complaint, even though it did so only after Cobler complied with a preliminary injunction it obtained. We conclude that it was proper for the court to determine which party prevailed as a practical matter and we find no abuse of discretion in the court's determination that Association was the prevailing party. Thus, we affirm both awards of attorney fees and costs to Association. We also conclude that it was proper for the trial court to take Cobler's motion to enforce liability off calendar since the motion was stayed pending her appeal from the attorney fees and costs awards.
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