[Download] "People v. Rodriguez" by In the Court of Appeal of the State of California Second Appellate District Division Five * eBook PDF Kindle ePub Free
eBook details
- Title: People v. Rodriguez
- Author : In the Court of Appeal of the State of California Second Appellate District Division Five
- Release Date : January 09, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
The issue in this case is whether a unilateral attorney fee clause included in an indemnity agreement between a general contractor and a subcontractor is subject to the reciprocity principles set forth in Civil Code section 1717, subdivision (a) (section 1717(a)). We conclude that where, as here, the contractual provision is not included as an item of loss or expense under the indemnity agreement, but instead separately provides for the recovery of attorney fees incurred in enforcing the indemnity agreement, section 1717 applies and authorizes a prevailing indemnitor/subcontractor to recover attorney fees so incurred. We also hold that where the indemnitor/subcontractor is required to prove its lack of fault in defending against a claim under the indemnity, it is entitled to recover the fees incurred therefor.