Does section 1717 of the California Civil Code apply to actions which arise out of a contract but which are sound in tort rather than contract?

California, United States of America


The following excerpt is from Kelley v. Bredelis, 45 Cal.App.4th 1819, 53 Cal.Rptr.2d 536 (Cal. App. 1996):

1 By contrast, it has been held that Civil Code section 1717 does not apply to actions which arise out of a contract but which sound in tort rather than contract. (Xuereb v. Marcus & Millichap, Inc. (1992) 3 Cal.App.4th 1338, 1341-1342, 5 Cal.Rptr.2d 154.) That exception is unimportant here, because the plaintiffs' sole claims were for breach of contract and specific performance.

2 As in the majority opinion, all section references are to the Code of Civil Procedure unless specified otherwise.

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