No Proportionality Required Under Civil Code Section 1717.
In Cannon v. Hohenberg, Case No. H040497 (6th Dist. Oct. 27, 2015) (unpublished), defendant guarantor lost a case to the prevailing plaintiff where a contractual fees clause was involved. The lower court awarded about $55,000 in fees even though plaintiff only recovered $47,000 in compensatory damages.
No problem, the reviewing court said, no proportionality was required under Civil Code section 1717. Fees award affirmed on appeal.