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1722 REVIEW DENIED By agreeing to a settlement including a provision that the parties would submit to the court the issue of whether attorney fees should be awarded and if so in what amount, a defendant waived the protection of CivC 1717, which provides that when an action is settled, there is no prevailing party; sale of an extended service agreement with a used motor vehicle brings the transaction within the provisions of the Song-Beverly Consumer Warranty Act.CitationREVELES v TOYOTA BY THE BAY (Lemon Fees) 57 CA4 1139 [See: CivC 1717, 1790 etseq; Blanton v Womancare 38 C3 396; International Ind v Olen 21 C3 218]
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