When a contract provides for attorney fees to one party, is the right reciprocal?

California, United States of America


The following excerpt is from Burien, LLC v. Wiley, B253555 (Cal. App. 2015):

When a contract provides for attorney fees to one party, Civil Code section 1717 makes the right reciprocal. Civil Code section 1717, subdivision (a) states, in pertinent part: "In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs." "Section 1717 was enacted to establish mutuality of remedy where a contractual provision makes recovery of attorney fees available for only one party and to prevent oppressive use of one-sided attorney fees provisions. [Citation.]" (Milman v. Shukhat (1994) 22 Cal.App.4th 538, 543.)

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