ROSEN v. ROBERT P. WARMINGTON CO.

Docket No. G004335.

201 Cal.App.3d 939 (1988)

247 Cal. Rptr. 635

LOUIS ROSEN, Plaintiff and Respondent, v. ROBERT P. WARMINGTON CO., Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

May 31, 1988.


Attorney(s) appearing for the Case

COUNSEL

Friedemann, La Scala, Keto & Fingal, Thomas P. Davis and Michael Robinson for Defendant and Appellant.

Oster, Schubert & Rutten, Edwin A. Oster and Susan M. Rutten for Plaintiff and Respondent.


OPINION

SONENSHINE, J.

Is a defendant who prevails on a motion for judgment on the pleadings as to contractual causes of action, but remains as a defendant on tort counts, entitled to attorney fees pursuant to Civil Code section 1717 when the plaintiff subsequently voluntarily dismisses the defendant as to the "entire action"? Although we have not been cited to, nor independently discovered, authority directly on point, we conclude...

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