The following excerpt is from Untied States ex rel. Hajoca Corp. v. Aeroplate Corp., 1: 12-cv-1287-AWI-BAM (E.D. Cal. 2013):
agreement of the parties provides for fee shifting." Kirby v. Immoos Fire Protection, Inc., 53 Cal.4th 1244, 1248 (2012) ("[T]he 'American Rule' [is] that each party in a lawsuit ordinarily shall bear its own attorney's fees unless there is express statutory authorization to the contrary."). California Civil Code 1717 states that attorney's fees, "[i]n any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party."
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