California Court of Appeal

Plaintiff's use of the release clause to a contract, which contained an attorney's fees provision for the prevailing party, as an affirmative defense in a fraud action prevents him from the attorney fee award where the assertion of a contractual defense to a tort action is not an "action brought to enforce the contract," which is required by the provision.

Appellate Information

• Decided 08/12/2004
• Published 08/13/2004

Judges

• GRIGNON, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Gerald Krupp and Gerald Krupp, Encino, for Plaintiff and Appellant.


• For Appellees:
  
• Wolf, Rifkin, Shapiro & Schulman and Matthew J. Hafey, Los Angeles, for Defendant and Respondent.