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LERNER v. WARD

Docket No. B063705.

13 Cal.App.4th 155 (1993)

16 Cal. Rptr.2d 486

NORMAN LERNER et al., Plaintiffs and Respondents, v. GEORGE R. WARD et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Six.

February 11, 1993.

Attorney(s) appearing for the Case

COUNSEL

Miller & Walter, William S. Walter, Radovich, Cumberland & Coates, M. Scott Radovich and David M. Cumberland for Defendants and Appellants.

J. Christopher Toews, George, Gallo, Collins & Sullivan and Ray A. Gallo for Plaintiffs and Respondents.

OPINION

GILBERT, J.

A provision in an agreement allows for the recovery of attorney fees to the prevailing party in any action or proceeding arising out of the agreement. Here we hold that such a provision permits attorney fees to the prevailing party in a tort cause of action under Code of Civil Procedure section 1021.

George and Jane Ward (the Wards) appeal from the trial court's denial of their motion for attorney fees...

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