Can a plaintiff recover attorney fees and costs incurred in defending a contract action under section 1717?
California, United States of America
The following excerpt is from Marina Glencoe, L.P. v. Neue Sentimental Film Ag, 168 Cal.App.4th 874, 85 Cal. Rptr. 3d 800 (Cal. App. 2008):
The dismissal in this case, having been entered at respondent's request, is voluntary. (Id. at p. 1193.) Thus there is no prevailing party for purposes of recovering attorney fees and costs incurred in defending the contract action under section 1717. (See Santisas v. Goodin (1998) 17 Cal.4th 599, 617 [71 Cal.Rptr.2d 830, 951 P.2d 399].)
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