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DOUGLAS E. BARNHART, INC. v. CMC FABRICATORS, INC.

No. D060849.

211 Cal.App.4th 230 (2012)

149 Cal. Rptr. 3d 440

DOUGLAS E. BARNHART, INC., Plaintiff and Respondent, v. CMC FABRICATORS, INC., Defendant and Appellant.

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

November 20, 2012.

Attorney(s) appearing for the Case

Maureen Doyle for Defendant and Appellant.

Marks, Finch, Thornton & Baird, Jeffrey B. Baird , Christopher R. Sillari and Daniel P. Scholz for Plaintiff and Respondent.

OPINION

IRION, J. —

In this appeal from an order denying a motion for an award of attorney fees, we must decide whether a defendant who defeats a claim for breach of contract but loses a related claim for promissory estoppel is entitled to recover attorney fees when the alleged contract provides the prevailing party in any dispute between the parties shall recover such fees. We hold such a defendant is entitled to recover the attorney...

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