Flanagan v. Donohue
John Donohue, Elizabeth Donohue (also sometimes referred to in the record before us as Elizabeth Flynn), Heather Donohue, and Kerry Donohue (appellants) appeal from the trial court’s denial of their motion for attorney fees. The motion was made following the pretrial voluntary dismissal of respondent Regina Flanagan’s (Flanagan) cross-complaint against appellants, and after appellant John Donohue filed for bankruptcy. Appellants raise a number of contentions asserting that the trial court erred in denying their motion. However, the dispositive issue is whether the trial court erred in its conclusion that, even if appellants were otherwise entitled to bring a motion under Civil Code section 1717 (section 1717), they were not entitled to attorney fees, because Flanagan voluntarily dismissed her cross-complaint before trial under Code of Civil Procedure section 581, subdivision (b)(1).
We agree with the trial court, and affirm the order denying attorney fees.
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