Nasser v. Superior Court

In Nasser v. Superior Court (1984) 156 Cal. App. 3d 52, the Court applied the good news/bad news test and held that the trial court's determination that neither party prevailed was a reasonable exercise of its discretion in the circumstances of that case. ( Nasser v. Superior Court, supra, 156 Cal. App. 3d 52, 60.) The Court quoted Bank of Idaho v. Pine Avenue Associates (1982) 137 Cal. App. 3d 5, 17: "'"Enactment of section 1717 commands that equitable considerations must rise over formal ones. Building a reciprocal right to attorney fees into contracts, and prohibiting its waiver, the section reflects legislative intent that equitable considerations must prevail over both the bargaining power of the parties and the technical rules of contractual construction."' " ( Nasser v. Superior Court, supra, 156 Cal. App. 3d 52, 59.)