California Court of Appeal

A person who sues as a decedent's successor in interest may be held liable for contractual attorney's fees under Civil Code section 1717 in an action commenced and pursued by the alleged successor in interest. Since the alleged successor in interest in this case would have been entitled to an award of attorney's fees if he had prevailed in the action, he is liable for the prevailing defendant's attorney's fees.

Appellate Information

• Decided 01/10/2008
• Published 01/10/2008

Judges

• AARON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Wingert Grebing Brubaker & Goodwin and Craig Gross, San Diego, for Plaintiff and Appellant.


• For Appellees:
  
• Patricia L. Davis, for Defendant and Respondent.