Gaggero v. First Federal Bank of California
Both parties appeal from an order awarding attorney fees and costs to the defendant following plaintiffs voluntary dismissal of his action with prejudice. Plaintiff maintains that the parties contracts do not authorize attorney fees to defendant for defending against plaintiffs noncontract causes of action. Defendant contends that the court erred in denying it attorney fees for defending against plaintiffs breach of contract, equitable and statutory causes of action, failing to award it a reasonable amount of attorney fees on the tort causes of action and failing to award it expert witness fees and other costs. We conclude that defendant is not entitled to attorney fees on any of plaintiffs causes of action and that the court ruled correctly in denying defendant its costs for expert witnesses, trial exhibits, messenger services and other miscellaneous items.
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