Marina Glencoe moved the court for an award of attorney's fees, arguing that as Amidi dismissed its cross-complaint, Marina Glencoe was the prevailing party in the cross action. However, the court denied the motion, finding that Amidi had already achieved its litigation objective when the court granted its earlier motion for non-suit on Marina Glencoe's complaint, and it was only at the court's suggestion that Amidi terminated the remaining litigation by dismissing its cross-complaint.