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Litigation

Dec. 15, 2012

Prevailing party attorney fees: battle or war?

Earn MCLE: The objective of this article and self-study test is to familiarize readers with the meaning of "action on the contract" for purposes of Civil Code Section 1717. By Gary Watt

By Gary A. Watt

Please visit the MCLE section of the Daily Journal's website to take this test.

In California, contractual attorney fee awards are governed by Civil Code Section 1717. Section 1717(b)(1) states that "the party prevailing on the contract shall be the party who recovered a greater relief in the action on the contract." (Emphasis added.) But what exactly is the "action on the contract"?

The objective of this article and self-study...

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