California, United States of America
The following excerpt is from Kelly v. Individually, D071080 (Cal. App. 2017):
In an action on a contract that specifically provides for an award of attorney's fees and costs incurred to enforce the contract, the party that is determined to be the party prevailing on the contract is entitled to reasonable attorney's fees in addition to other costs, regardless of whether that party sought to enforce or escape enforcement of the contract. ( 1717, subd. (a).) The trial court determines who the prevailing party is in an action on a contract by determining who recovered a greater relief in the action. ( 1717, subd. (b)(1).) Although the statute is reciprocal in nature, there can be only one prevailing party "on the contract" pursuant to section 1717, and where cross-claims are brought as a defense to affirmative contract claims, both parties cannot prevail based on the outcome of the individual claims. (See Hsu v. Abbara (1995) 9 Cal.4th 863, 873-874;
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