Orien v. LutzAnnotate this Case
The Court of Appeal reversed the trial court's order granting attorney fees to respondent after the trial court entered an interlocutory judgment of partition in her favor. In this case, the trial court found that an attorney fee provision in an earlier settlement agreement applied to the partition action, and awarded all fees to plaintiff under Civil Code section 1717 rather than apportioning the costs of partition under Code of Civil Procedure section 874.040. The court held, however, that the partition action did not fall within the terms of the attorney fee provision. Accordingly, the court remanded for further proceedings.