Is a plaintiff entitled to an award of attorney's fees and costs if the contract includes a provision for fees and cost?

MultiRegion, United States of America

The following excerpt is from Singh v. Hancock Natural Res. Grp., Inc., Case No.: 1:15-cv-01435 - LJO - JLT (E.D. Cal. 2017):

The state enacted California Civil Code 1717 "to establish mutuality of remedy where [a] contractual provision makes recovery of attorney's fees available for only one party [citations], and to prevent oppressive use of one-sided attorney's fees provisions." Hsu v. Abbara, 9 Cal. 4t h 863, 870 (1995) (citation omitted). Thus, a "prevailing party" for an action on a contract is entitled to an award of attorney' fees and costs, if a contract includes a provision for fees and costs. Cal. Civ.Code 1717. Specifically, the statute provides:

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