|
0803 Pursuant to a contract providing for attorney fees to the prevailing party in any action arising under the contract, a party who loses a breach of contract action, but wins a tort action arising under the contract is a prevailing party and is entitled to attorney fees; those attorney fees should be added to the award before deciding whether the prevailing party is entitled to augmented costs under CCP 998 for receiving a judgment more favorable than a previously rejected offer of compromise.CitationADAM v DeCHARON (Tort Fees) 31 CA4 708 [See: CivC 1717; CCP 998, 1021; Xuereb v Marcus 3 CA4 1338; Lerner v Ward 13 CA4 155, T/AT 4/93]
|
|
