Yoon v. CAM IX Trust
Annotate this CaseThe Court of Appeal affirmed the trial court's award of attorney fees in favor of plaintiff, holding that defendants are entitled to fees under the note and deed of the trust. The court rejected plaintiff's contention that Civil Code section 1717 does not apply because his negligence and fraud claims do not refer to or rely on the existence of a contract. In this case, the court found no error in the trial court's conclusion that plaintiff's tort claims "directly relate to enforcement of the note through foreclosure." The court explained that, at its core, plaintiff's suit sought to avoid his obligations under the note by making claims defendants acted negligently and fraudulently during the foreclosure process. The court also concluded that the trial court did not abuse its discretion in awarding fees under Code of Civil Procedure 2033.420.
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