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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 ...
Jan 1, 2023 · California Code, Civil Code - CIV § 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 ...
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 ...
To determine whether Greene or Carriere was the prevailing party under Civil Code Section 1717, the Court turned to Wood v. Santa Monica Escrow Co. (2009) 176 Cal.App.4th 802. In Wood, the plaintiff dismissed his complaint with prejudice and the defendant moved for attorney fees. The trial court denied the motion for attorney fees, which was ...
If the amount awarded under this section exceeds the amount of damages awarded the party not prevailing on the contract, the net amount shall be awarded the party prevailing on the contract and judgment may be entered in favor of the party prevailing on the contract for that net amount. Source: Section 1717, https://leginfo.legislature.ca ...
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 ...
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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 ...
