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Civil Code 1717 Does Not Authorize Interim Fee Awards

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Chen v. Valstock Ventures, No. A161885, 2022 Cal. App. LEXIS 670 (Ct. App. July 29, 2022)

This decision holds that Civil Code 1717 does not authorize a trial court to award attorney fees before entry of final judgment.  Here, the trial court granted summary adjudication for plaintiff on contract claims, but tort and statutory claims remained unresolved.  The summary adjudication order was not a final judgment.  It was subject to modification under the court's inherent power. … Read More