Maynard v. BTI Group, Inc.

Opinion

POLLAK, J.

We here confront the recurring issue of determining the prevailing party for the purpose of awarding attorney fees under a contractual attorney fee provision. Defendant BTI Group, Inc. (BTI), appeals a postjudgment order denying its motion for attorney fees, contending that although it was held liable for damages to plaintiff, Catherine Maynard, under her cause of action for negligence, it was nonetheless the prevailing party entitled to attorney fees under Civil Code section 1717 (section 1717) because plaintiff did not recover under her cause of action for breach of the…