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0855 REVIEW DENIED A contract providing for attorney fees to the prevailing party in litigation arising under it requires the award of attorney fees to the prevailing party whether the action arising under the contract sounds in tort or in contract, but if tort and contract actions are voluntarily dismissed prior to trial, there is no prevailing party, and attorney fees should not be awarded.CitationJUE v PATTON (No Fees) 33 CA4 456 [See: CCP 1032, 1021, 1033.5, 1717; Xuereb v Marcus 3 CA4 1338; Lerner v Ward 13 CA4 155, T/AT 4/93; Palmer v Shawback 17 CA4 296, T/AT 9/93]
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