Is a contract that specifically provides for attorney's fees and costs incurred to enforce the contract enforceable?

California, United States of America


The following excerpt is from Kelly v. Individually, D071080 (Cal. App. 2017):

In an action on a contract that specifically provides for an award of attorney's fees and costs incurred to enforce the contract, the party that is determined to be the party prevailing on the contract is entitled to reasonable attorney's fees in addition to other costs, regardless of whether that party sought to enforce or escape enforcement of the contract. ( 1717, subd. (a).) The trial court determines who the prevailing party is in an action on a contract by determining who recovered a greater relief in the action. ( 1717, subd. (b)(1).) Although the statute is reciprocal in nature, there can be only one prevailing party "on the contract" pursuant to section 1717, and where cross-claims are brought as a defense to affirmative contract claims, both parties cannot prevail based on the outcome of the individual claims. (See Hsu v. Abbara (1995) 9 Cal.4th 863, 873-874;

Page 22

Other Questions


Is a plaintiff's attorney fees recoverable as costs under a contract where the contract provides for an award of attorney fees? (California, United States of America)
Are attorney fees incurred in the enforcement of an anti-SLAPP attorney fee award recoverable costs? (California, United States of America)
Can an attorney or party who files a frivolous motion to disqualify or harass an opponent to delay litigation be sanctioned by paying the attorney fees and costs incurred by the opposing party? (California, United States of America)
What is the test for enforceability of a written contract where the contract states that the parties intended to enforce the terms? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
What is the legal test for an attorney to enforce a contract in which a client is entitled to an attorney's compensation? (California, United States of America)
What is the meaning of a contract where the contract states that the attorney fee provision does not authorize the award of fees incurred during judicial proceedings? (California, United States of America)
Can a plaintiff recover attorney fees and costs incurred in defending a contract action under section 1717? (California, United States of America)
Does section 1717 of the California Civil Code provide mutuality of remedy for attorney fees under a contractual attorney fee contract? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.