Maynard

We here confront the recurring issue of determining the prevailing party for the purpose of awarding attorney fees under a contractual attorney fee provision. Defendant BTI Group, Inc. (BTI), appeals a postjudgment order denying its motion for attorney fees, contending that although it was held liable for damages to plaintiff, Catherine Maynard, under her cause of action for negligence, it was nonetheless the prevailing party entitled to attorney fees under Civil Code section 1717 (section 1717) because plaintiff did not recover under her cause of action for breach of the contract containing the attorney fee provision.

Under the broad language of the attorney fee provision, the trial court correctly rejected defendant’s request for attorney fees. Unlike some attorney fee provisions that restrict the right to recover attorney fees to the party prevailing on a breach of contract claim, in which case the outcome of other claims does not affect the right to recover attorney fees, the agreement in this case entitles the party that prevails in the overall dispute to recover its attorney fees. Under the terms of this provision plaintiff is the prevailing party although she…