Griffith

Introduction

A California-based company sued its former employee, an Oklahoma resident, for breach of contract; the lawsuit was filed in the Orange County Superior Court. The employment contract at issue provided that, in any litigation involving the contract, the prevailing party would be entitled to recover attorney fees and costs.

The former employee filed a motion to quash service for lack of personal jurisdiction. The company filed a notice of nonopposition, and the motion was granted. The former employee then requested and was awarded attorney fees as the prevailing party. The company appealed; we affirm.

We hold, because the trial court granted the motion to quash service for lack of personal jurisdiction, the former employee was the party prevailing on the contract under Civil Code section 1717. He was therefore entitled to recover his reasonable attorney fees as costs. The complaint was dismissed in its entirety and the company obtained nothing.

Statement of Facts and Procedural History

On January 4, 2007, Profit Concepts Management, Inc. (Profit Concepts), sued Greg Griffith, a former employee, for breach of contract, misappropriation of trade secrets, and…