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P1386 REVIEW DENIED Code of Civil Procedure section 998 is not an independent ground for recovering attorney fees; under Civil Code section 1717, there is no prevailing party in an action that is voluntarily dismissed; a defendant in a voluntarily dismissed action arising under a contract calling for fees to the prevailing party in litigation is therefore not entitled to recover fees, even if s/he is entitled to enhanced costs under CCP 998.CitationFORD v HUNSBERGER (No Fee) 163 CA4 1526 [See: CivC 1717; CCP 998; Santisas v Goodin 17 C4 599, T/AT 4/98]
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