What is the test for attorney's fees in a contract?
California, United States of America
The following excerpt is from Smith v. Church, H034075, No. CV149102 (Cal. App. 2011):
Section 1717 permits an award of attorney's fees to the prevailing party in an action on a contract. Section 1717 is the applicable statute when determining whether and how attorney's fees should be awarded under a contract. (Sears v. Baccaglio (1998) 60 Cal.App.4th 1136, 1157.)
Page 6
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Is a plaintiff's attorney fees recoverable as costs under a contract where the contract provides for an award of attorney fees? (California, United States of America)
Can an attorney litigant represented by other attorneys in his firm recover attorney fees? (California, United States of America)
Can an attorney who is sued for malpractice by a former client cross-complain for equitable indemnity against a successor attorney who has been hired to extricate the client from the condition created by the predecessor attorney? (California, United States of America)
Can an attorney who chooses to litigate in propria persona rather than retain an attorney to represent him recover attorney fees? (California, United States of America)
Does an attorney have a valid contract with a client where there is a pre-existing attorney-client relationship? (California, United States of America)
Does a court have jurisdiction to award attorney fees from a contract for sale where there is no action on the contract? (California, United States of America)
When a contract contains a provision for attorney fees to the prevailing party contains a clause in the contract that makes an otherwise unilateral right reciprocal? (California, United States of America)
When a contract contains a provision for attorney fees, can a successful party recover attorney fees? (California, United States of America)
Can an attorney's fees contract stipulate that the attorney is entitled to a percentage of interest on a client's refund? (California, United States of America)
