Jackson v. Homeowners Ass'n Monte Vista Estates-East

Opinion

HOLLENHORST, Acting P. J.

Defendant homeowners association appeals from a trial court order granting plaintiffs’ request for attorney fees pursuant to Civil Code section 1717.

The case presents for decision the interesting question of whether section 1717, subdivision (b)(2) precludes any award of attorney fees to the prevailing party when the parties sign a settlement agreement which provides that the action will be dismissed after certain actions have been taken.

We hold that a settlement agreement which provides that the trial court will determine the prevailing party in the action,…