Section 1717: Denial Of Fees To Prevailing Creditor Was Correct Because Substantive Claims Were Not Based On A Note With A Fee Clause

Fee Entitlement Found Missing.

            In Port Blue LLC v. Perlstein, Case No. B313030 (2d Dist., Div. 1 June 27, 2023) (unpublished), the trial judge denied contractual fees under a note to a prevailing creditor.  That result was affirmed on appeal because the rescission, money had/received, and declaratory relief claims were not based on the note with a fees clause versus other documents with no fee recovery.