Gray

Plaintiff brought an action against Jeff S. and Joshua F. Kay and against the Bank of America. The second amended complaint alleged that plaintiff and defendant Jeff S. Kay entered into two written agreements for the purchase and sale of two parcels of real property, and that the agreements were thereafter assigned to Joshua F. Kay. The Bank of America was the escrow holder for the sale of the properties. Plaintiff alleged that certain deeds issued pursuant to the two agreements were in error. In the first four counts of her second amended complaint she sought reformation. In the fifth count she alleged fraud against defendants Kay and asked for damages. The sixth count was pleaded against defendant Bank of America, only, and was based on negligence.

Each agreement provided that, in the event action was brought to enforce any of its provisions, the prevailing party should be entitled to reasonable attorney’s fees. Plaintiff alleged the existence of these provisions. A copy of each agreement was attached as an exhibit to the complaint. The defendants answered. They admitted that defendant Jeff Kay signed the two documents but specifically denied “that the parties intended…