California Court of Appeal

In a car wholesaler's suit against finance companies to recover purchase price of vehicles it sold to a used car dealer, trial court's postjudgment order denying its motion for attorney fees is affirmed as attorney fees are available under Civil Code section 1717 only if the party prevails in an action on the contract, and the trial court correctly concluded plaintiff did not prevail in an action on the conditional sales contracts, and there is nothing in the record supporting plaintiff's contention it was an intended beneficiary of the sales contracts between the used car dealer and the purchasers.

Appellate Information

• Decided 09/29/2010
• Published 10/21/2010

Judges

• O‟LEARY

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Jeffrey B. McMillen, Gary Dean Lobel