![]() ![]() ![]() Christine Hoang, a dentist, was terminally ill. We will therefore remand this matter to the trial court to determine what fees can be properly awarded to Shim and to determine whether the fees can be allocated between the two types of claims. However, we also interpret the fee provision in the parties' agreement to be broad enough to cover fees for Shim's defense against Khan's tort actions. Insofar as the order on appeal found that Shim was the prevailing party on these claims, we reverse the order. ![]() Michael Shim (Shim), for his defense against the complaint as a whole.Īs we will explain, Civil Code section 1717, subdivision (b)(2), generally bars the award of attorney fees after a pretrial voluntary dismissal for defense of contract causes of action. Khan (Khan), dismissed before trial her entire complaint alleging both breach of contract and tort causes of action, the trial court awarded fees to respondent and defendant, Mr. We are asked in this appeal to examine the propriety of an award of attorney fees in a dispute between parties to a contract involving the sale of a dental practice. ![]()
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