CALIFORNIA FAMILY LAW
...Attorney Fees
......Prevailing Party Agreements (CC 1717)
.........Fees Not Appropriate
8 Cards On This Topic:

D successfully moving litigation to Florida does not make it a prevailing party entitled to attorney's fees under CCP §1717.

Where P recovered nothing against D, D was prevailing party as a matter of law.

Since a law firm and “of counsel” are a single, de facto firm, a law firm cannot recover attorney fees under a prevailing party clause when, as a successful litigant, it is represented by “of counsel.”

P not entitled to atty fees as prevailing party after winning on D's appeal from denial of atty fees where D was overall prevailing party in the lawsuit.

Postjudgment award of atty fees reversed where parties' contract did not contain an attorney fee provision although losing party defended by championing different contract with atty fee provision.

Appellants were not "prevailing party" for purposes of CC 1717 atty fees award where underlying contract claims remain unresolved and they only had an interim procedural success.

Standard prevailing party attorney fee clause in legal retainer agreement does not encompass fees for legal malpractice claims.

Cases discussing prevailing party agreements.