California, United States of America
The following excerpt is from Oncology Corp. v. Series 1 of MTI Props., LLC, A128351, A129773, A130132, A132061 (Cal. App. 2012):
To determine whether a contractual fee agreement provides for attorney fees in a tort action, the ordinary rules of contract interpretation apply, under which we infer the mutual intent of the parties from the plain meaning of the contractual language in the absence of any ambiguity in that language. (See Gil v. Mansano, supra, 121 Cal.App.4th at p.743.) In the absence of extrinsic evidence to interpret the attorney fee provision of a contract, "the appellate court determines de novo whether the contractual attorney fee provision entitles the prevailing party to attorney fees." (Ibid.)
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