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1. www.buchalter.com › publication › attorney-feesAttorney Fees Provision May Be Enforced Even If the Contract ...

   www.buchalter.com › publication › attorney-fees

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   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.” (Emphasis added.)

2. 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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   (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 ...

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

   casetext.com › statute › california-codes

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   Jul 26, 2017 · 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.”

4. www.mindingyourbusinesslitigation.com › 2018 › 01To Be or Not To Be: Can Attorney’s Fees Be Recovered on a ...

   www.mindingyourbusinesslitigation.com › 2018 › 01

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   Jan 10, 2018 · Section 1717 of the California Code of Civil Procedure provides that “[i]n 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 ...

5. law.justia.com › cases › californiaTrope v. Katz (1995) :: :: Supreme Court of California ...

   law.justia.com › cases › california

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   Section 1717, subdivision (a), provides in pertinent part that "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 ...

6. www.alexi.com › matters › issuesWhen a contract provides for attorney fees to one party, is ...

   www.alexi.com › matters › issues

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   Civil Code section 1717, subdivision (a) states, in pertinent part: "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 ...

7. People also ask

   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

   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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   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

   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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   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

   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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   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

   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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   Can an attorney recover fees under section 1717?

   • The California Supreme Court long ago held that an attorney who litigates in pro per, and who therefore is not liable to another for attorney’s fees, may not recover fees under Section 1717.

   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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   How can a court determine a defendant has prevailed for purposes of section 1717?

   • (Id., subds. (b)(1), (d).) 2A court‘s discretion to determine the defendant has prevailed for purposes of section 1717 by obtaining a dismissal in favor of another forum is not, however, unbounded; such an order should be supported by a record showing that the contract claims have been finally resolved. 17 CONCLUSION AND DISPOSITION

   IN THE SUPREME COURT OF CALIFORNIA

   www.courts.ca.gov/opinions/archive/s226652.pdf

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8. www.courts.ca.gov › opinions › archiveIN THE SUPREME COURT OF CALIFORNIA

   www.courts.ca.gov › opinions › archive

   Section 1717, subdivision (a), provides in part: ―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