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1. codes.findlaw.com › ca › civil-codeCalifornia Code, Civil Code - CIV § 1717 - FindLaw

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   Jan 1, 2023 · (b)(1) The court, upon notice and motion by a party, shall determine who is the party prevailing on the contract for purposes of this section, whether or not the suit proceeds to final judgment. Except as provided in paragraph (2), the party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract.

2. casetext.com › statute › california-codesSection 1717 - Contract providing for award of attorney's ...

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   Jul 26, 2017 · Currency then moved for attorney’s fees and costs under California Civil Code section 1717 (permitting a prevailing party to be awarded attorney’s fees when a contract provides for such recovery) or, in the alternative, under California Code of Civil Procedure former section 128.5 (permitting recovery of reasonable expenses, including attorney’s fees, incurred by a party as a result of ...

3. leginfo.legislature.ca.gov › faces › codes_displayCalifornia Code, CIV 1717. - California Legislative Information

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   1717. (a) In any action on a contract, where the contract specifically provides that attorney’s fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to ...

4. california.public.law › codes › ca_civ_code_section_1717California Civil Code Section 1717 - California.Public.Law

   california.public.law › codes › ca_civ_code_section_1717

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   (1)The court, upon notice and motion by a party, shall determine who is the party prevailing on the contract for purposes of this section, whether or not the suit proceeds to final judgment. Except as provided in paragraph (2), the party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract.

5. casetext.com › statute › california-codesSection 1717 - Contract providing for award of attorney's ...

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   Nov 15, 2010 · When a contract contains a one-sided prevailing party attorneys' fees provision, California Civil Code section 1717 makes that provision reciprocal. So if you allege your client is entitled to attorneys' fees due to the prevailing party contract clause -- even if it specifically states only your client is entitled to fees -- if the other party prevails it may be entitled to its fees instead.A ...

6. advance.lexis.com › open › documentCIVIL CODE § 1717. Contract provision for attorney fees and ...

   advance.lexis.com › open › document

   (a) In any action on a contract, where the contract specifically provides that attorney’s fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to ...

7. People also ask

   What does California Civil Code section 1717 entitle the prevailing party to?

   • California Civil Code section 1717 entitles the prevailing party to attorneys’ fees “ [i]n any action on a contract,” where the contract provides for an award of attorneys’ fees to the prevailing party, regardless of whether the prevailing party is the party specified in the contract or not.

   Analyses of Section 1717 - Contract providing for award of ... - Casetext

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   How does California Civil Code 1717 affect attorney fees?

   • Attorney’s Fees When a contract awards attorneys’ fees to one party in a contract action, California Civil Code § 1717 intervenes by a) directing the attorney’s fees to the prevailing party, regardless of the party awarded fees in the contract, and b) requiring the court to fix the attorney’s fees as an element of the costs of suit.

   Analyses of Section 1717 - Contract providing for award of ... - Casetext

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   What is section 1717 subdivision a?

   • Section 1717, subdivision (a) provides that in an action on a contract that specifically provides for recovery of attorney fees, “the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney’s fees in addition to other costs.”

   Analyses of Section 1717 - Contract providing for award of ... - Casetext

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   Does California Civil Code section 1717 authorize a fee award?

   • Marina contended that California Civil Code section 1717 authorizes a fee award only in cases involving an “action on contract,” but that Section 1717 could not apply because the contracts at issue had been declared void.

   Analyses of Section 1717 - Contract providing for award of ... - Casetext

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   Can a prevailing party recover fees if a contract is one-sided?

   • A contract may, of course, provide that the prevailing party may recover fees and California Civil Code Section 1717 makes such a provision reciprocal even when it is one-sided.

   Analyses of Section 1717 - Contract providing for award of ... - Casetext

   casetext.com/statute/california-codes/california-civil-code/division-3-obligations/part-3-obligations-imposed-by-law/section-1717-contract-providing-for-award-of-attorneys-fees-and-costs-incurred-in-enforcing-contract/analysis?citingPage=1&sort=relevance

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   Is there a prevailing party on a contract?

   • The court may also determine that there is no party prevailing on the contract for purposes of this section. Where an action has been voluntarily dismissed or dismissed pursuant to a settlement of the case, there shall be no prevailing party for purposes of this section.

   California Civil Code Section 1717 - California.Public.Law

   california.public.law/codes/ca_civ_code_section_1717

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8. www.lawserver.com › california_civil_code_1717California Civil Code 1717 – (a) In any action on a contract ...

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   (b) (1) The court, upon notice and motion by a party, shall determine who is the party prevailing on the contract for purposes of this section, whether or not the suit proceeds to final judgment. Except as provided in paragraph (2), the party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract.