When a contract contains a provision for attorney fees, can a successful party recover attorney fees?

California, United States of America


The following excerpt is from Scott Co. of California v. Blount, Inc., 20 Cal.4th 1103, 86 Cal.Rptr.2d 614, 979 P.2d 974 (Cal. 1999):

When a party obtains a simple, unqualified victory by completely prevailing on or defeating all contract claims in the action and the contract contains a provision for attorney fees, section 1717 entitles the successful party to recover reasonable attorney fees incurred in prosecution or defense of those claims. (Hsu v. Abbara (1995) 9 Cal.4th 863, 877, 39 Cal.Rptr.2d 824, 891 P.2d 804.) If neither party achieves a complete victory on all the contract claims, it is within the discretion of the trial court to determine which party prevailed on the contract or whether, on balance, neither party prevailed sufficiently to justify an award of attorney fees. "[I]n deciding whether there is a 'party prevailing on the contract,' the trial court is to compare the relief awarded on the contract claim or claims with the parties' demands on those same claims and their litigation objectives as disclosed by the pleadings, trial briefs, opening statements, and similar sources." (Id. at p. 876, 39 Cal.Rptr.2d 824, 891 P.2d 804.)

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