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LEWIS v. ALPHA BETA CO.

Docket No. 65372.

141 Cal.App.3d 29 (1983)

189 Cal. Rptr. 840

JOBY LEWIS et al., Plaintiffs and Respondents, v. ALPHA BETA COMPANY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

March 18, 1983.

Attorney(s) appearing for the Case

COUNSEL

Weil & Fritz, Paul M. Weil and Janice M. Patronite for Defendant and Appellant.

Gamer & Tipps and Harold M. Gamer for Plaintiffs and Respondents.

OPINION

GATES, J.

As now limited, the appeal of defendant Alpha Beta Company from the judgment entered below, challenges only the rulings made on its motions to strike and/or tax costs. It contends: "[I]. It was error to award attorney's fees and costs to plaintiffs [Joby and Helen Lewis] since they were not prevailing parties in the action. [II]. There is no contractual or statutory basis for plaintiffs to recover attorney's fees...

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