the winner in a lawsuit. Many contracts, leases, mortgages, deeds of trust or promissory
notes provide that the "prevailing party" shall be entitled to recovery of attorney's
fees and costs if legal action must be taken to enforce the agreement. Even if the
plaintiff gets much less than the claim, he/she/it is the prevailing party entitled
to include attorney's fees in the collectable costs. Usually there is no prevailing
party when a complaint is voluntarily dismissed prior to trial or settled before
or after trial has begun.
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