Kaufman

Appellant Diskeeper Corporation (Diskeeper) challenges the trial court’s denial of a contract-based award of attorney fees following the confirmation of an arbitration award. Diskeeper contends the court improperly denied the award on the ground that Diskeeper filed no memorandum of costs in seeking the award. We conclude that Diskeeper’s contention is correct. Specifically, we hold that a party seeking attorney fees pursuant to Civil Code section 1717 need not, in addition to filing a noticed motion, file a memorandum of costs. We therefore reverse the court’s ruling and remand for further proceedings.

RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

This is the second time this case has come before us on appeal. Diskeeper is a software company located in Burbank. In 2006, Diskeeper hired respondent Alexander Godelman as its chief information officer, and also hired Marc LeShay, who worked as Godelman’s subordinate. After LeShay resigned from his position, Diskeeper terminated Godelman.

In 2007, Godelman and LeShay initiated a lawsuit against Diskeeper in which Godelman asserted claims for wrongful termination. Respondent Barry B. Kaufman, an attorney, represented Godelman…