Then, based on the true pragmatics of the parties» positions and what occurred in lower court proceedings, the appellate court determined that trustee, not plaintiff, had prevailed: it remained neutral on the contract
claims by filing the
nonmonetary status declaration (in stark contrast to the trustee in Kachlon v. Markowitz, 168 Cal.App.4 th 316, 350 (2008), which did not remain neutral and only filed the
nonmonetary status declaration close to trial), and it defensed the tort
claims (under which plaintiff sought to recovery money against trustee).