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P0895 Following judgment against a bank that intervened in a contract action as assignee of one of the parties to a contract that did not contain an agreement regarding attorney fees, the successful party was not entitled to attorney fees from the bank because the bank would not have been entitled to fees had it been successful; however, in the bank's individual action under a Commerce Code section requiring a debtor who has received notice of assignment to make payments directly to the assignee, the successful alleged debtor was entitled to fees because the contract by which the alleged creditor's right had been assigned to the bank did contain an attorney fees agreement that would have entitled the bank to fees had it been successful.CitationDELL MERK v FRANZIA (Reciprocal Fees) 132 CA4 443 [See: CivC 1717; CommC 9406; Hsu v Abbara 9 C4 863]
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