Exarhos

I.

INTRODUCTION

In this appeal, we address whether a person who sues as a decedent’s successor in interest may be held liable for contractual attorney fees pursuant to Civil Code section 1717 in an action commenced and pursued by the alleged successor in interest. We conclude that because the alleged successor in interest in this case would have been entitled to an award of attorney fees if he had prevailed in the action, he is liable for defendant’s attorney fees, since defendant prevailed.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Nicholas Exarhos (Nicholas) is the son of Herbert Exarhos (Herbert) and the grandson of Herbert’s mother, decedent Eleni Exarhos (Eleni). Eleni died in January 2005. In November 2005, Nicholas filed a two-count complaint against California Bank & Trust (the Bank). In his complaint, Nicholas alleged that prior to her death, Eleni had maintained a savings account and a checking account with the Bank. Nicholas further alleged that Eleni had created a revocable living trust (the Trust) and that, pursuant to the terms of the Trust, Nicholas was the named beneficiary of the savings account. Nicholas claimed that that he was pursuing the action…