California Court of Appeal
Eden Township Healthcare District v. Eden Medical Center, A136695
The trial court's order denying defendant's motion for attorney fees under Civil Code section 1717 following plaintiff's unsuccessful attempt for declaratory relief to have certain agreement declared illegal and void under Government Code section 1090, is reversed and remanded, where: 1) an action to avoid enforcement of a contract is an action "on a contract" within the meaning of section 1717; and 2) the trial court erred in finding that the action on which defendant prevailed was not "on a contract" within the meaning of section 1717.
Appellate Information
- Decided 10/09/2013
- Published 10/09/2013
Judges
- DONDERO
Court
- California Court of Appeal