Is a party entitled to attorneys fees for the purpose of invoking Civil Code section 1717?

Second, it matters not that they failed in this endeavor. Whether a party is entitled to attorneys fees for the purpose of invoking Civil Code section 1717 depends not on the evidence adduced at trial or some interim proceeding, but on the pleadings. This issue was recently addressed in Jones v. Drain (1984) 149 Cal.App.3d 484, 196 Cal.Rptr. 827, where the court noted, "even though the respondent possessed no evidence to support its cause of action it was capable of alleging sufficient facts in its pleadings to force the appellants to wage a defense." (Id., 149 Cal.App.3d at p. 489, 196 Cal.Rptr. 827.)