Eldridge

INTRODUCTION

Defendants Village Trailer Park, Inc., Village Trailer Park LLC, and Marc Luzzatto (together, defendants) appeal from the post-judgment order awarding attorney’s fees to Catherine Eldridge, the prevailing party in a declaratory relief action concerning a dispute over the terms of a settlement agreement between the parties in an earlier lawsuit. (Civ. Code, § 1717, subd. (a).)1 We hold that the award of attorney’s fees was error because, as a matter of law, the settlement agreement sued on did not authorize an award of attorney’s fees. Although Eldridge’s lease did contain an attorney’s fee clause, she did not sue for breach of her lease. Accordingly, we reverse the order.

FACTUAL AND PROCEDURAL BACKGROUND

1. Eldridge’s lawsuit against defendants Eldridge is a tenant in the Village Trailer Park (the park), a mobile home park located in the City of Santa Monica and owned by defendants. She entered into a 60- month lease commencing February 1, 1999. The lease included in paragraph 33 a provision for the recovery of attorney’s fees by the prevailing party “incurred in the event of litigation between us.” Eldridge was a plaintiff, along with numerous other park…