Can an attorney fee provision in a contract allow a plaintiff to claim attorney fees against the opposing party?

California, United States of America


The following excerpt is from Maynard v. Bti Grp., Inc., 157 Cal.Rptr.3d 148 (Cal. App. 2013):

While it is clear that an attorney fee provision may authorize an award of fees only to the party who prevails on a claim to enforce the terms of the contract containing that provision, it is equally clear that an attorney fee provision need not be so limited. As indicated above, section 1021 allows the parties to agree that the prevailing party in litigation may recover attorney fees, whether the litigation sounds in contract or in tort. ( Miske v. Coxeter (2012) 204 Cal.App.4th 1249, 1259, 139 Cal.Rptr.3d 626.) The attorney fees clause in a contract may be broad enough to cover tort as well

[216 Cal.App.4th 992]

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