HART v. DODGE PART I
Under Civil Code Sec. 2988.9 which provides that a defendant in a vehicle lease contract action is deemed to be the prevailing party for the purpose of an attorney's fee award if defendant "alleges in his or her answer that he or she tendered to the plaintiff the full amount to which he or she was entitled, and thereupon deposits in court, for the plaintiff, the amount so tendered, and the allegation is found to be true" tender and deposit are not required for an award of attorney's fees where the defendant denies any liability and prevails in the trial court. Trial court properly granted defendant's attorney fee motion pursuant to Sec. 2988.9 after it dismissed plaintiff's complaint with prejudice on the first day of trial for lack of evidence.
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