Temple v. Kors
Respondent sued their professional adoption facilitator, after learning that the putative birthmother they met through defendant had faked her pregnancy and defrauded them out of several thousand dollars. Respondent eventually voluntarily dismissed their suit against appellant whereupon appellant moved for an award of attorney fees as the prevailing party under Family Code section 8635. The trial court denied the motion, finding that neither side was a prevailing party for purposes of that section. On appeal, Appellant contends that she is entitled to fees as a matter of law. Court affirm the trial court's ruling denying a fee award.
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