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CHASE MANHATTAN MORTGAGE CORP. v. LESSEL

Docket No. B104611.

55 Cal.App.4th 10 (1997)

CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff and Respondent, v. CHRISTOPHER LEE LESSEL et al., Defendants and Appellants.

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

May 19, 1997.

Attorney(s) appearing for the Case

COUNSEL

Richard W. Tentler for Defendants and Appellants.

Arter & Hadden and Steven J. Cote for Plaintiff and Respondent.

OPINION

GILBERT, J.

A deed of trust contains an attorney's fees provision. Code of Civil Procedure section 730 provides that the court shall fix attorney's fees in a foreclosure action.1

Here we hold that section 730 does not authorize the court to award attorney's fees, but only to determine the amount of attorney's fees pursuant to an attorney's fees clause in a security instrument after judgment...

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