Cusack v. Togneri CA1/1
Appellant Gregory Cusack appeals from a judgment awarding respondent Rosalina Togneri contractual attorney fees under Civil Code section 1717 (hereinafter section 1717). Cusack argues the trial court erred in finding Togneri to be the prevailing party because the litigation was resolved by settlement and thus, there cannot be a prevailing party pursuant to section 1717, subdivision (b)(2); the contract at issue did not expressly give Togneri the right to obtain attorney fees; and Cusack, not Togneri, was the prevailing party because he forced Togneri to provide proof of her claims, which she wrongfully refused to provide prior to the litigation. Cusack further argues that equity should preclude the award of attorney fees to Togneri because it was her wrongful conduct that led to this unnecessary litigation. We reject these arguments and affirm.
Comments on Cusack v. Togneri CA1/1