California Appellate Tracker

Riverside Mining Limited v. Quality Aggregates (2024) 104 Cal.App.5th 269

September 26, 2024

Following Ford Motor Credit Co. v. Hunsberger (2008) 163 Cal.App.4th 1526, this decision holds that when a contract contains an attorney fee clause, and the plaintiff rejects a 998 offer but then voluntarily dismisses the action, the defendant may not recover attorney fees from the plaintiff. CCP 998 does not overcome Civ. Code 1717(b)(2)’s command that there is no prevailing party for purposes of a contractual attorney fee award when the action is voluntarily dismissed.

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Riverside Mining Limited v. Quality Aggregates (2024) 104 Cal.App.5th 269

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