Tiso v. Stier
Civil Code section 1717 (section 1717), subdivision (b)(2) provides there is no prevailing party for purposes of contractual attorney fees "[w]here an action has been voluntarily dismissed" before trial. (Italics added.) CDF Firefighters v. Maldonado (2011) 200 Cal.App.4th 158 (Maldonado), held that when there were two "separate and distinct" contract causes of action that could have been brought independently, the voluntary dismissal of one of them did not bar recovery of attorney fees incurred in the adjudication of the other one. (Id. at p. 165.)
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