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1909 Although CivC 1717 says that if a contract action is voluntarily dismissed, there is no prevailing party entitled to attorney fees, a party who successfully defends a tort action arising from a contract is the prevailing party, even if the suit is dismissed voluntarily, and may recover fees as an element of costs if the contract so provides. CitationSANTISAS v GOODIN (Tort Fees) 17 C4 599 [See: CivC 1717; International v Olen 21 C3 218; Jue v Patton 33 CA4 456, T/AT 4/95; Santisas v Goodin (RevGrtd) AT 11/95]
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