California, United States of America
The following excerpt is from Flake v. Katakis, F060574 (Cal. App. 2013):
receive fees if she had prevailed. Leach's allegation in the complaint that she was entitled to receive attorney fees did not provide a sufficient basis for awarding them to the prevailing opposing party.4 Where the plaintiff did not sign the contracts containing attorney fee provisions and had no independent right to recover fees under contractual attorney fee clauses, the defendants, as prevailing parties, could not recover attorney fees from the plaintiff. (Leach v. Home Savings & Loan Assn., supra, at p. 1307.)
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