Louie

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ANGELITA LOUIE, et al., Case No. 22-cv-03868-VC

Plaintiffs,

ORDER DENYING MOTION FOR

v. ATTORNEY'S FEES

PIER 39 LIMITED PARTNERSHIP, et al., Re: Dkt. No. 25 Defendants.

The motion for attorney’s fees is denied. The parties’ lease provides: “Subject to the provisions of Section 24.9 [the arbitration provision], in any dispute resolution or other proceeding, including any action brought for a declaration of rights under or to enforce the provisions of this Lease, the prevailing party shall be entitled to receive from the other party all costs, expenses and reasonable attorney’s fees as fixed by the arbitrator or court.” Dkt. No. 14-1 at 61. The lease is governed by California law. “California law permits recovery for attorney’s fees under two separate provisions.” In re Chen, 345 B.R. 197, 200 (N.D. Cal. 2006). Section 1717 allows the prevailing party to recover attorney’s fees incurred in the litigation of claims that are “on the contract.” Cal. Civ. Code § 1717. Section 1021 permits recovery of attorney’s fees by agreement between the parties. Cal. Civ. Code § 1021. Under…