Does section 1717 of the California Civil Code provide mutuality of remedy for attorney fees under a contractual attorney fee contract?

Civil Code section 1717 ensures mutuality of remedy for attorney fee claims under contractual attorney fee provisions. The statute makes an otherwise unilateral right reciprocal in at least two situations. (Santisas v. Goodin, supra, 17 Cal.4th at p. 610.)

First, when the contract provides the right to recover attorney fees to one party but not to the other, Civil Code section 1717 allows recovery of attorney fees by "whichever contracting party prevails," whether or not the contract specifies that party. (Santisas v. Goodin, supra, 17 Cal.4th at p. 611.) This appeal does not involve the first situation, a unilateral attorney fee contract.