Cho v. Hamilton Court, LLC CA2/4
Hamilton Court, LLC and 3650 Olympic, L.P. (collectively, Hamilton) appeal from the trial court’s order awarding attorney fees in the amount of $95,215.30 and costs of $10,443.74 to Suk E. Cho and Un S. Cho (collectively Cho). The trial court determined that Code of Civil Procedure section 1717, subdivision (b)(2) (section 1717(b)(2)) precluded an award of attorney fees on Cho’s contract claims because the action had been dismissed pursuant to the parties’ settlement. However, noting this statutory bar applies only to contract claims, the trial court concluded Cho was entitled to attorney fees on his tort claims under the attorney fee provision of the parties’ agreement. Because the narrow scope of the attorney fee provision only authorizes an award based on contract claims, and section 1717(b)(2) bars an award under the circumstances, we reverse the order for attorney fees.
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