Demari

BACKGROUND

Appellants entered into contracts, referred to as the Leona contracts, with respondents that allowed appellants to place mobile homes in the Desert Oasis Mobilehome Park to sell or rent. Appellants were to pay respondents storage fees for the homes. Appellants also agreed “Each home seller brings to park is to conform to the Desert Oasis Mobile Estates „Mobilehome Storage Agreement‟ (Exhibit A). And there must be a separate agreement for each home.” The “Mobilehome Storage Agreement” provides “[t]he prevailing party to any action necessary to enforce a party‟s right under this Agreement, will be entitled to recover its reasonable attorney fees and costs.” Appellants sued respondents for breach of contract. Respondents‟ demurrer to the complaint was sustained without leave to amend. Thereafter, the trial court awarded attorney fees to respondents as the prevailing parties based on the attorney fee provision contained in exhibit A, the Mobilehome Storage Agreement, incorporated into the Leona contracts.

DISCUSSION

In their motion for attorney fees, respondents included the Mobilehome Storage Agreements behind the copies of the Leona contracts that appellants sued on.…