Civil Code Section 1717: Litigant Assisted By Counsel In Defending Against Injunction Dissolution Motion Entitled to Fee Recovery

 

Trope Does Not Bar Assistive Efforts.

     In Hance v. Smith, Case No. D051917 (4^th Dist., Div. 1 Mar. 3, 2009) (unpublished), respondent on appeal was found to be entitled to attorney’s fees under a Memorandum of Understanding when he successfully utilized an attorney in helping fend off appellant’s motion to obtain dissolution of a civil injunction. The appellate panel, unlike the lower court, decided that respondent was entitled to Civil Code section 1717 fees if he retained counsel to assist him in defending against the motion to dissolve the injunction. (West Coast Development v. Reed, 2 Cal.App.4^th 693, 706-707 (1992); Mix v. Tumanjan Development Corp., 102 Cal.App.4^th 1318, 1321, 1324-1325 (2002).)