California Court of Appeal
Mitchell Land & Improvement Co. v. Risorante Ferantelli, Inc., G037944
In unlawful detainer action that was subsequently voluntarily dismissed by plaintiff, order awarding defendant its attorney's fees is modified to strike the attorney's fee award as Civil Code section 1717(b)(2) prohibits an award of attorney's fees when an action on a contract has been voluntarily dismissed.
Appellate Information
- Decided 12/24/2007
- Published 12/24/2007
Judges
Court
- California Court of Appeal
Counsel
- For Appellant:
- Stradling Yocca Carlson & Rauth, Donald J. Hamman, Peter Wucetich, Newport Beach, and David J. Sarnoff for Plaintiff and Appellant.
- For Appellees:
- Samuels, Green Steel & Adams, LLP, Philip W. Green and Jeanne U. Vu, Irvine, for Defendant and Respondent.