Does section 1717 of the California Civil Code require attorney's fees in the event of a tort claim by third parties?

California, United States of America

The following excerpt is from Sciarrotta v. Teaford Custom Remodeling, Inc., 110 Cal.App.3d 444, 167 Cal.Rptr. 889 (Cal. App. 1980):

In Meininger v. Larwin-Northern California, Inc., 63 Cal.App.3d 82, 135 Cal.Rptr. 1, section 1717 was held not to be applicable in a case in which the contract provided for attorney's fees in the event of tort claims by third parties. The court held that those claims would be interpreted as not being "actions on the contract" so as to require reciprocation when the parties sue on the contract. (Id. at p. 85, 135 Cal.Rptr. 1.)

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