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  5. 232 Cal.App.3d 671 (1991)
 

ELMS v. BUILDERS DISBURSEMENTS, INC.

Docket No. D012470.

232 Cal.App.3d 671 (1991)

283 Cal. Rptr. 515

LONNIE ELMS et al., Plaintiffs and Respondents, v. BUILDERS DISBURSEMENTS, INC., Defendant and Appellant.

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

July 19, 1991.

Attorney(s) appearing for the Case

COUNSEL

Lewis, D'Amato, Brisbois & Bisgaard, Peter L. Garchie, Philip A. Book and Daniel H. Fogel for Defendant and Appellant.

Gary G. Kreep and R. Jeffrey Coates for Plaintiffs and Respondents.

OPINION

WORK, J.

The issue in this case is whether a defendant who is sued on a contract entitling a successful litigant to attorney's fees under Civil Code1 section 1717 may recover such fees where the plaintiff's action is dismissed because it was not brought to trial within five years. Because we answer this question in the affirmative, we reverse the post-judgment order denying the motion of defendant...

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