Payne v. American Contractors Indemnity Co. CA
Plaintiff Larry Payne brought suit against defendant American Contractors Indemnity Company (American Contractors) alleging three causes of action. After American Contractors successfully demurred to two causes of action, Payne dismissed his remaining cause of action. American Contractors then moved successfully for attorney fees. On appeal, Payne challenges that award, arguing attorney fees are precluded because under Civil Code section 1717, subdivision (b)(2) (unless otherwise set forth, statutory section references that follow are to the Civil Code), when an action has been voluntarily dismissed, there is no prevailing party. We agree and will reverse the order granting attorney fees.
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