Is a party entitled to an award of attorney fees under section 1717 of the California Code of Civil Procedure?
California, United States of America
The following excerpt is from Beverly Hills Properties v. Marcolino, 221 Cal.App.3d Supp. 7, 270 Cal.Rptr. 605 (Cal. Super. 1990):
A party is entitled to an award of attorney fees if there is a specific authorization therefor by statute or private agreement. (Code Civ. Proc., 1021; Consumers Lobby Against Monopolies v. Public Utilities Com. (1979) 25 Cal.3d 891, 906, 160 Cal.Rptr. 124, 603 P.2d 41.) The attorney fees in the instant case were awarded under section 1717, pursuant to a written lease agreement which authorized the payment of fees.
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