An 'attorney fees' clause in a contract typically provides that:
Explicación
California follows the American rule: Code of Civil Procedure §1021 leaves each side to bear its own attorney's fees unless a contract or a statute says otherwise, so (a) describes the DEFAULT the clause exists to displace. Civil Code §1717 then does something drafters often do not expect — it makes any contractual fee clause reciprocal, so a clause written to protect one side alone still entitles whichever party prevails to recover, which is why (b) is wrong even when the contract says exactly that. (d) invents a cap; 'reasonable' is fixed by the court on the work actually done. Some fee entitlements come from statute rather than contract: B&P §7108.5(c) gives fees to the prevailing party in an action for wrongfully withheld subcontractor payments.
Referencia Legal: Code Civ. Proc. §1021; Civil Code §1717; cf. Bus. & Prof. Code §7108.5(c)Practica las 1632 preguntas gratis — sin registro.
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