California, United States of America
The following excerpt is from Hilltop Investment Associates v. Leon, 28 Cal.App.4th 462, 33 Cal.Rptr.2d 552 (Cal. App. 1994):
Nasser v. Superior Court dealt with Civil Code section 1717 as it was worded in 1985, when trial of the matter took place. It did not deal with the trial court's discretion to make a finding that neither party was the prevailing party, instead, the issue was whether the trial court erred in determining that the agreement being sued upon contained an attorney's fees provision.
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