Attorneys' Fees for Contractual Non-Signatories Under California Civil Code 1717: A Remedy in Search of a Rationale

Authors

Robert S. Miller

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Article

Abstract

California courts have altered the American Rule for attorney’s fees in contract actions pursuant to California Civil Code Section 1717, which makes contractual fee shifting provisions reciprocal. The Author illustrates some of the problems with this section and how it has led to inequitable and unpredictable results. This Article argues that the statute should be revised in order to clarify that contractual fee-shifting applies only to signatories to the contract.

Recommended Citation

Robert S. Miller, Attorneys' Fees for Contractual Non-Signatories Under California Civil Code 1717: A Remedy in Search of a Rationale, 32 San Diego L. Rev. 535 (1995).
Available at: https://digital.sandiego.edu/sdlr/vol32/iss2/5