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JACKSON v. HOMEOWNERS ASSN. MONTE VISTA

No. E028566.

113 Cal.Rptr.2d 363 (2001)

93 Cal.App.4th 773

Addie P. JACKSON et al., Plaintiffs and Respondents, v. HOMEOWNERS ASSOCIATION MONTE VISTA ESTATES-EAST, Defendant and Appellant.

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

November 5, 2001.

Attorney(s) appearing for the Case

Wilion, Kirkwood & Kessler, Gary Kessler and Allan E. Wilion, Beverly Hills, for Defendant and Appellant.

Paula Forthun-Baldwin, for Plaintiffs and Respondents.

OPINION

HOLLENHORST, Acting P.J.

Defendant homeowners association appeals from a trial court order granting plaintiffs' request for attorney fees pursuant to Civil Code section 1717.1

The case presents for decision the interesting question of whether section 1717, subdivision (b)(2) precludes any award of attorney fees to the prevailing party when the parties sign a settlement agreement which provides that the action...

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