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Procedural PostureDefendant Philippine corporation sought review from a judgment of the Superior Court of the City and County of San Francisco (California), which was entered in favor of plaintiff wife on her claim to recover dividends on corporate stock.
Defendant contended that the trial court improperly applied New York law because Philippine law was controlling, and that the stock was marital property and as such, belonged to the husband.
Defendant sought review, contending that Philippine law was controlling, and that under that law, the husband was the manager of all conjugal property, that the stocks were in that category, and that dividends were properly paid to the husband.
The court affirmed, holding that the issues as to ownership and fraud of an assignment had previously been litigated.
The court found no merit in other procedural issues raised.
The court further held that while interest was properly assessed, the award was to be reduced by that portion which reflected interest after the date of judgment.
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Procedural PostureAppellant property buyer challenged the decision of the Superior Court of Orange County (California), which denied appellant attorney fees after respondent leaseholder voluntarily dismissed its contract and tort claims arising from respondent's right of first refusal.
The lessors sold the demised property and an adjacent parcel to a joint venture, which in turn agreed to sell the adjacent parcel to appellant property buyer.
Respondent brought a complaint for specific performance, declaratory relief, breach of contract, and a variety of tort causes of action including interference with business advantage.
Respondent appended a demand for attorney fees pursuant to the lease agreement.
Code § 1717 precluded an award of reciprocal attorney fees otherwise available to the "prevailing party," regardless of whether contract causes of action remained until the voluntary dismissal or were excised earlier by either party.
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