Generalized Conspiracy Allegations Did Not Change The Result.
Truong v. Nguyen, Case No. G053680 (4th Dist., Div. 3 Sept. 26, 2017) (unpublished) involved a situation where a defendant non-signatory to a contract was denied attorney’s fees based on the fact there were no contract-based claims upon which to hinge fee recovery. The appellate court affirmed. The losing party was not a signatory to any contract and the conspiracy claims—only relating to tort or noncontractual claims—did not provide a basis for recovery under Civil Code section 1717.
Justice Thompson authored the opinion by a 3-0 panel.