Perspective
Feb. 7, 2013
High court set to examine prevailing party attorney fee awards
What makes the grant interesting is that Kandy-Kiss is no mere aberration. Rather, it follows other appellate court decisions awarding attorney fees for procedural knockouts. By Gary Watt
On Jan. 16, the state Supreme Court granted review of the following question: "Is a party who obtains the dismissal of a contract action entirely on procedural grounds entitled to an award of attorney fees under Civil Code section 1717 as the prevailing party in an action on a contract?" The case being reviewed is Kandy-Kiss of California v. Tex-Ellent, S206354. What makes the grant interesting is that Kandy-Kiss is no mere...
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