Is a plaintiff entitled to attorney's fees under section 1717 of the Contract?

California, United States of America


The following excerpt is from Debard v. U.S. Bank Nat'Lass'N, E064933 (Cal. App. 2016):

section 1717 provides where the contract provides for attorney's fees, the prevailing party is entitled to reasonable attorney's fees as a matter of right: ". . . when the decision on the litigated contract claims is purely good news for one party and bad news for the other the Courts of Appeal have recognized that a trial court has no discretion to deny attorney fees to the successful litigant." (Hsu v. Abbara (1995) 9 Cal.4th 863, 876.)

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