California Court of Appeal

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Brown Bark III v. Haver, G047198

Following judgment for defendants in an action to recover funds that defendant Westover Financial, Inc. allegedly failed to repay on a revolving line of credit, the trial court's denial of defendants' requests for attorneys' fees is: 1) reversed in part, as to defendant Westover Capital, a successor, on the breach of contract causes of action because Civil Code section 1717 makes an otherwise unilateral attorney fee provision reciprocal and entitles a non-contracting party to recover contractual attorney fees when it defeats a contract-based cause of action that would have made the non-contracting party liable for contractual attorney fees had it lost; 2) affirmed in part, as to the order denying defendant Westover Capital attorney fees on the tort causes of action; and 3) affirmed in part, as to the order denying defendant Haver's fee motion because she never faced attorney fee liability.

Appellate Information

  • Decided 09/13/2013
  • Published 09/13/2013

Judges

  • ARONSON

Court

  • California Court of Appeal

Counsel