Global Reach Investment v. Burlingame Investment
Global Reach Investment Corporation (Global Reach) appeals an award of attorney fees and costs made under Civil Code section 1717 to Burlingame Investment Corporation (BIC). The court dismissed Global Reachs action to collect on several promissory notes after Global Reach failed to post a court-ordered undertaking as security for BICs fees and costs. Global Reach argues that because the dismissal was based on a procedural issue and there was no final determination of Global Reachs contract claims, BIC was not the prevailing party on the contract. We conclude BIC was entitled to attorney fees because it successfully defended Global Reachs action. (See Hsu v. Abbara (1995) 9 Cal.4th 863, 877.) Court therefore affirm the trial courts order awarding attorney fees to BIC as the prevailing party.
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