M&C Products Analysis Technology v. Bertik
Appellant prevails on virtually all of its claims and successfully defends against the cross-complaint brought by respondent. In ruling in appellant's favor, the trial court finds respondent to have been deceitful and disloyal and that appellant had the right to terminate respondent for his acts of bad faith while in its employ. Nonetheless, the trial court denied appellant's motion for attorney fees, finding that it was not a prevailing party under Civil Code section 1717 and Labor Code section 218.5. Appellant appeals from the order denying its motion for attorney fees. Court reversed.
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