Shapira

*432 INTRODUCTION

Appellant Achikam Shapira sued his former employer, Lifetech Resources, LLC, for breach of an employment contract. The case proceeded to a bench trial; the parties presented their evidence and rested. The parties and court agreed that the parties would submit closing arguments in written briefs. Before Shapira submitted his closing argument brief, he requested that the court dismiss the case pursuant to Code of Civil Procedure, section 581, subdivision (e) ( section 581(e) ), which provides, "After the actual commencement of trial, the court shall dismiss the complaint ... with prejudice, if the plaintiff requests a dismissal...."

The court denied Shapira's request to dismiss the case. After the parties filed their closing argument briefs, the court entered a statement of decision and judgment in Lifetech's favor. The court also held that Lifetech was the prevailing party pursuant to Civil Code section 1717, and awarded costs and $137,000 in attorney fees to Lifetech.

Shapira appealed the order awarding attorney fees. He argues that the court should have dismissed the case under section 581(e), and therefore the court's award of attorney fees was erroneous…