California, United States of America
The following excerpt is from Strohl v. Macelroy, A137928 (Cal. App. 2014):
4. We assume, as the parties do, that Civil Code section 1717 applies even though this dispute is between successors in interest to the parties who created the easement and even though no specific breach of contract claim was alleged in the complaint. (See, e.g., Turner v. Schultz (2009) 175 Cal.App.4th 974, 980 ["An action for declaratory relief can be an action 'on a contract' "].)
5. Defendant prevailed on another litigated issue: her ownership of the well-related equipment.
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