Martinez

I. INTRODUCTION

Plaintiffs Mark Martinez and Maria Cabrera filed a complaint alleging various causes of action against defendant SAI Long Beach B, Inc., doing business as Long Beach BMW, when the used car they purchased from defendant developed engine problems and defendant refused to pay for repairs. The trial court granted defendant’s motion for summary judgment, awarded it costs, and awarded it attorney fees as the prevailing party pursuant to the sale contract. Plaintiffs appeal from the rulings. In the unpublished portion of our opinion, we affirm the judgment in defendant’s favor and award of costs other than attorney fees. In the published portion of our opinion, we reverse the award of attorney fees.

II. BACKGROUND

A. Facts

On September 18, 2016, plaintiffs purchased a used 2015 Subaru Impreza (Vehicle)1 from defendant for approximately $41,000, by making a downpayment of $500 and financing the remainder through a retail installment sales contract (Sale Contract). As we will discuss more fully below, the Sale Contract included an attorney fees provision. At the time of sale, plaintiffs signed a Buyer’s Guide, which included a check mark on a section entitled…