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