California Court of Appeal

In cases where attorneys' fees are sought for the cost of underlying contract litigation, a prevailing party is entitled to attorneys' fees only if it can prove that it would have been liable for attorneys' fees had the opponent prevailed.

Appellate Information

• Decided 08/19/2003
• Published 08/19/2003

Judges

• HULL, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Law Office of Robert W. Scharf and Robert W. Scharf, Cameron Park, for Defendant, Cross-complainant and Appellant., LaMore, Brazier, Riddle & Giampaoli, Eugene P. LaMore, San Jose, Gene D. Vorobyov, for Plaintiff, Cross-defendant and Appellant., David A. Bader and Timothy W. Pemberton, Markleeville, for Defendants and Respondents.