Mesa Shopping Center-East v. O Hill

Opinion

IKOLA, J.

“[T]he party prevailing on the contract” in a breach of contract action is entitled to recover reasonable attorney fees if the contract “specifically provides” for such recovery. (Civ. Code, § 1717, subd. (a); see Code Civ. Proc., § 1033.5, subd. (a)(10)(A).) But “there shall be no prevailing party” if “an action has been voluntarily dismissed” (Civ. Code, § 1717, subd. (b)(2)), something plaintiffs may do without prejudice before “the actual commencement of trial” (Code Civ. Proc., § 581, subds. (b)(1), (c)).

We are faced with applying these rules in a context not yet…