Litigation
Apr. 19, 2014
When's an action 'on the contract' for fee purposes?
Civil Code Section 1717 applies to any "action on a contract" if the contract provides for an award of attorney fees. By Gary A. Watt
Civil Code Section 1717 applies to any "action on a contract" if the contract provides for an award of attorney fees. Frog Creek Partners LLC v. Vance Brown Inc., 206 Cal. App. 4th 515, 523 (2012). Section 1717's central feature is that it makes an attorney fee provision reciprocal even if it would otherwise be unilateral by its terms. Brown Bark III LP v. Haver, 219 Cal. App. 4th 809, 818 (2013). Thus, "the party ...
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