Can a plaintiff claim attorney's fees in a cross-complaint against the Lease?
California, United States of America
The following excerpt is from Kumar v. Yu, B226335 (Cal. App. 2011):
Given that the cross-complaint was not an action on the contract, the attorney's fees provision in the Lease is inapplicable and Civil Code section 1717 does not mandate the award of attorney's fees and costs to plaintiff. If an action asserts contract and non-contract claims, Civil Code section 1717 applies only to the fees and costs incurred in litigating the contract claims. (Santisas v. Goodin, supra, 17 Cal.4th at p. 615.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Is it sufficient for a plaintiff to send a letter to the attorney of the school district attorney containing all of the information required under the Tort Claims Act? (California, United States of America)
Is the Attorney General's claim that the Court of Appeal has concluded that the Plaintiff's claim is foreclosed as law of the case? (California, United States of America)
Can an attorney fee provision in a contract allow a plaintiff to claim attorney fees against the opposing party? (California, United States of America)
Is a plaintiff entitled to recover time, attorney fees and attorney fees incurred by a plaintiff in a personal injury action against a third party? (California, United States of America)
Can a plaintiff claim attorney fees in a civil action against a municipal ordinance? (California, United States of America)
What is the test for determining whether a plaintiff has a valid claim against a defendant who is not a plaintiff? (California, United States of America)
Is a party who is represented by their own attorney entitled to the same procedural consideration as a plaintiff who is not represented by an attorney? (California, United States of America)
Does a modification to plaintiff's liability in a medical malpractice case alter plaintiff's claim for personal injury? (California, United States of America)
Can a predecessor attorney bring an indemnification claim against a successor attorney? (California, United States of America)
