Does section 1717 of the California Civil Code apply to actions which arise out of a contract but which are sound in tort rather than contract?

1 By contrast, it has been held that Civil Code section 1717 does not apply to actions which arise out of a contract but which sound in tort rather than contract. (Xuereb v. Marcus & Millichap, Inc. (1992) 3 Cal.App.4th 1338, 1341-1342, 5 Cal.Rptr.2d 154.) That exception is unimportant here, because the plaintiffs' sole claims were for breach of contract and specific performance.

2 As in the majority opinion, all section references are to the Code of Civil Procedure unless specified otherwise.