Clark v. Delay CA4/1
Plaintiff Hal Scott Clark (Plaintiff) appeals following a court trial that resulted in a judgment in favor of defendant Carol Delay (Defendant) that included an award of attorney fees to Defendant under Civil Code section 1717. On appeal, Plaintiff raises no issues or arguments with regard to the trial. However, we agree with Plaintiff that the court erred in granting Defendant's posttrial motion for attorney fees. As we explain, the scope of the contractual attorney fees provision at issue does not include the breach of contract claim that Plaintiff filed and on which the court entered judgment in Defendant's favor. Accordingly, we will strike the award of attorney fees in the judgment and affirm the judgment as modified.
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