§ 2.7.1 SUCCESS IN THE CONTEXT OF MULTIPLE CLAIMS AND MULTIPLE PARTIES

• Jurisdiction: Arizona

When there are competing claims, set offs and counterclaims, and each party receives a favorable judgment in part, the "net judgment rule" is applicable. In that case, the successful party for purposes of awarding attorneys' fees is the party that recovers the greater amount. Sirrah Enterprises, LLC v. Wunderlich, 240 Ariz. 163, ¶ 18, 377 P.3d 360, 366 (App. 2016); Vortex Corp. v. Denkewicz, 235 Ariz. 551, 562, ¶ 40, 334 P.3d 734, 745 (App. 2014); Berry v. 352 E. Virginia, LLC, 228 Ariz. 9, 13, ¶ 22, 261 P.3d 784, 788 (App. 2011). In cases involving varied success on multiple claims and the net judgment rule is inapplicable, it is appropriate for the trial court to use "a percentage of success factor" or "a totality of the litigation test" to determine who is the successful party. Vortex Corp., 235 Ariz. at 562, ¶ 40, 334 P.3d at 745; Murphy Farrell Dev., LLP v. Sourant, 229 Ariz. 124, 134, ¶ 36, 272 P.3d 355, 365 (App. 2012); Sirrah Enterprises, LLC, 240 Ariz. at 163, ¶ 16, 377 P.3d at 366; Schwartz v. Farmers Ins. Co. of Ariz., 166 Ariz. 33, 38, 800 P.2d 20, 25 (App. 1990); Pioneer Roofing Co. v. Mardian Constr. Co., 152 Ariz. 455, 467, 733 P.2d 652, 664 (App. 1986); Medical Protective Svcs. Co. v. Pang, 25 F. Supp.3d 1232, 1239-40 (D. Ariz. 2014). Likewise, when a party pursues several claims based upon different facts or legal theories, the trial court may decline to award fees incurred in connection with the unsuccessful separate and distinct claims. Berry, 228 Ariz. at 14,
¶ 23-24, 261 P.3d at 789.

In multiple-claim cases, when there has been no recovery on any of the claims?no recovery on either the complaint or counterclaim?there may be no successful party under A.R.S. § 12-341.01(A)...