Is a plaintiff entitled to sue for attorney's fees and costs even if a contract does not exist?
California, United States of America
The following excerpt is from Milman v. Shukhat, 22 Cal.App.4th 538, 27 Cal.Rptr.2d 526 (Cal. App. 1994):
In Jones v. Drain (1983) 149 Cal.App.3d 484, 196 Cal.Rptr. 827, it was similarly held "that a prevailing defendant sued for breach of contract containing an attorney's fees provision and having had to defend the contract cause of action is entitled to recover its own attorney's fees and costs [22 Cal.App.4th 545] therefor, even though the trial court finds no contract existed." (Id., at p. 490, 196 Cal.Rptr. 827.)
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