Defendant Prevails On Non-Existent Contract

Sometimes, the law simply gets “curiouser and curiouser”.  Last week, I happened across a decision by the Fourth District Court of Appeal that reached the remarkable conclusion that a defendant was the prevailing party on a contract that it had proved didn’t exist.  Douglas E. Barnhart, Inc. v. CMC Fabricators, Inc., 2012 Cal. App. LEXIS 1202 (Nov.