Adler v. Vaicius 1993,
Meaning of Dismissal with prejudice; Prevailing Party

21 Cal.App.4th 1770 (1993)
27 Cal. Rptr.2d 32

THERESA ADLER, Plaintiff and Appellant,
DION VAICIUS, Defendant and Respondent.

Docket No. B071879.

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

December 28, 1993.

1772*1772 COUNSEL

Ilan Funke-Bilu for Plaintiff and Appellant.

Jencks & Hunt, Michael R. Jencks and Lisa M. Pontius for Defendant and Respondent.


STONE (S.J.), P.J.

Theresa Adler appeals from an order awarding attorney fees pursuant to Code of Civil Procedure section 527.6, subdivision (h).[1] She asserts that the court cannot award a defendant attorney fees where she has been deprived of the opportunity to proceed to a full, due process 1773*1773 hearing under section 527.6 through no fault of her own and that where the plaintiff has a temporary restraining order, the court should award attorney fees in her favor if the circumstances so warrant.

We hold that appellant was not deprived of a "full, due process hearing" since she voluntarily dismissed her petition with prejudice and that the trial court did not err in awarding attorney's fees to respondent.

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