Pfeffer v. Missionary Foundation
In a prior appeal in the present action (Pfeffer v. Missionary Foundation, Inc. (Nov. 15, 2007, E041935) [nonpub. opn.] [Fourth Dist., Div. Two]), this court reversed a money judgment in favor of plaintiff Matthew Pfeffer (Pfeffer) in the principal amount of $700,000. Thereafter, defendant Missionary Foundation, Inc. (MFI) obtained a judgment on the pleadings against Pfeffer, and moved for attorney fees as the prevailing party on a contract pursuant to Civil Code section 1717. The trial court denied MFIs motion, reasoning that the present action by Pfeffer is not an action on a contract within the meaning of the statute, but an action sounding in tort for fraud. MFI appeals, claiming the present action by Pfeffer is an action on a contract, and the trial courts contrary conclusion is erroneous as a matter of law. Court affirm.
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