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1576 REVIEW GRANTED Under a contract provision authorizing the award of attorney fees against an unsuccessful party, fees may not be awarded to a defendant following voluntary dismissal by the plaintiff; a trial court lacks jurisdiction to modify a voluntary dismissal without prejudice by entering a dismissal with prejudice.CitationLA GALLERIA v WELLS FARGO (Agreed Fees) 53 CA4 987 [See: CivC 1717; Jue v Patton 33 CA4 456, T/AT 4/95; Ryder Peterson 51 CA4 1056, T/AT 2/97; Santisas v Goodin AT 11/95 rev grtd]
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