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EXARHOS v. EXARHOS

No. D049883.

72 Cal.Rptr.3d 409 (2008)

159 Cal.App.4th 898

Nicholas G. EXARHOS, Plaintiff and Appellant, v. Herbert J. EXARHOS, Defendant and Respondent.

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

As Modified on Denial of Rehearing February 7, 2008.

Attorney(s) appearing for the Case

Wingert Grebing Brubaker & Goodwin and Craig Gross, San Diego, for Plaintiff and Appellant.

Patricia L. Davis, for Defendant and Respondent.

AARON, J.

I.

INTRODUCTION

In this appeal, we address whether a person who sues as a decedent's successor in interest may be held liable for contractual attorney fees pursuant to Civil Code section 1717 in an action commenced and pursued by the alleged successor in interest. We conclude that because the alleged successor in interest in this case would have been entitled to an award of attorney fees...

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