What is the test for awarding attorney fees under a contractual contract?
California, United States of America
The following excerpt is from Burien, LLC v. Wiley, B253555 (Cal. App. 2015):
"'[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 lease, and the facts are not in dispute, such review is conducted de novo. [Citation.]' [Citation.]" (Chinn v. KMR Property Management (2008) 166 Cal.App.4th 175, 182-183.)
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