Is a plaintiff's attorney fees recoverable as costs under a contract where the contract provides for an award of attorney fees?
California, United States of America
The following excerpt is from Prince v. Thompson Bldg. Materials, B280813 (Cal. App. 2018):
Attorney fees ordinarily are not recoverable as costs unless authorized by either statute or agreement. ( 1021.) Where a contract specifically provides for an award of attorney fees, section 1717 ensures "mutuality of remedy" for an attorney fees claim. (Santisas v. Goodin (1998) 17 Cal.4th 599, 610 ["The primary purpose of section 1717 is to ensure mutuality of remedy for attorney fee claims under contractual attorney fee provisions."].)
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