Legal Opinion
Exarhos v. Exarhos
California Court of Appeal
Decided February 7, 2008No. D049883PublishedCited by 12 opinions
1Opinion of the Court
Opinion
AARON, J.
I
INTRODUCTION
In this appeal, we address whether a person who sues as a decedent’s successor in interest may be held liable for contractual attorney fees pursuant to Civil Code section 1717 in an action commenced and pursued by the alleged successor in interest. We conclude that because the alleged successor in interest in this case would have been entitled to an award of attorney fees if he had prevailed in the action, he is liable for defendant’s attorney fees, since defendant prevailed.
II
FACTUAL AND PROCEDURAL BACKGROUND
Nicholas Exarhos (Nicholas) is the son of Herbert…
2Cases cited6 opinions
- Reynolds v. BementCalifornia Supreme Court · 2005
- Sessions Payroll Management, Inc. v. Noble Construction Co.California Court of Appeal · 2000
- Heppler v. J.M. Peters Co.California Court of Appeal · 1999
- California Wholesale Material Supply, Inc. v. Norm Wilson & Sons, Inc.California Court of Appeal · 2002
- Erickson v. R.E.M. Concepts, Inc.California Court of Appeal · 2005
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Thomas v. WestlakeCalifornia Court of Appeal · 2012
- Chinese Yellow Pages Co. v. Chinese Overseas Marketing Service Corp.California Court of Appeal · 2008
- Alameda County Management Employees Ass'n v. Superior CourtCalifornia Court of Appeal · 2011
- California-American Water Co. v. Marina Coast Water Dist., California Court of Appeal, 5th District2017
- Birl v. Heritage Care, LLCCalifornia Court of Appeal · 2009
7 more not listed; retrieve them via the Exa API.