What is the legal test for a contractual attorney fees provision?

California, United States of America


The following excerpt is from Kaura v. Compass Bank, E069080 (Cal. App. 2019):

"'"[T]o determine whether an award of attorney fees is warranted under a contractual attorney fees provision, the reviewing court will examine the applicable statutes and provisions of the contract. Where extrinsic evidence has not been offered to interpret the [contract], and the facts are not in dispute, such review is conducted de novo. [Citation.]" [Citation.] "As the case law makes clear, the test is not whether the cause of action sounds in tort or contract. Instead, the sole question is the intent of the parties: did they intend to authorize the prevailing party to recover its attorney fees for a tort cause of action. [Citations.]" [Citation.]' [Citation.]" (Lockton v. O'Rourke (2010) 184 Cal.App.4th 1051, 1076.)

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