Section 1717: $19,468.85 Fees Award Reversed As A Matter Of Law Because There Was No Contract With A Fee Clause

Fee Entitlement Was Missing In This Case.

            In Fischer v. Ponce, Case No. B314254 (2d Dist., Div. 1 June 23, 2023) (unpublished), a party obtained judgment after a demurrer was sustained without leave, a determination affirmed on appeal.  The lower court then granted the prevailing party $19,468.85 in attorney’s fees.  That award was reversed as a matter of law on appeal.  The reason?  The agreements sued on had no fees clause; while there was an unsigned, proposed lease with a fees clause, that was insufficient as a predicate for a fees award.