The following excerpt is from In re Relativity Fashion, LLC, 565 B.R. 50 (Bankr. S.D.N.Y. 2017):
First , the California courts have ruled that section 1717 is applicable to all requests for awards of attorneys' fees that arise in actions "on a contract." Accordingly, for example, the rules in section 1717 regarding the identification of a "prevailing party"including the rule that there is no prevailing party in an action that is voluntarily dismissed or that is settledapply to all actions "on a contract" in which parties seek to recover attorneys' fees, no matter what the parties' contract says. Santisas v. Goodin , 17 Cal.4th 599, 61617, 71 Cal.Rptr.2d 830, 951 P.2d 399 (Cal. 1998). In this regard section 1717
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