Is a plaintiff entitled to an award of attorney's fees on a contract where he was not the prevailing party?
California, United States of America
The following excerpt is from Fry v. Skinner, B271491 (Cal. App. 2017):
Plaintiff contends the trial court erred by finding he was not the prevailing party and denying him attorney fees. An award of attorney's fees on a contract is governed by Civil Code section 1717. We review a determination of prevailing party under that section for abuse of discretion. (Hsu v. Abbara (1995) 9 Cal.4th 863, 871.)
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