Broad Language In Contractual Attorney Fee Provision.

Plaintiff prevailed under her negligence cause of action, but did not recover under her cause of action for breach of contract containing an attorney fee provision. That provision states:  “All parties to this agreement agree to mediate, in good faith, any dispute prior to initiating arbitration or litigation. The prevailing party in the event of arbitration or litigation shall be entitled to costs and reasonable attorney fees except that any party found in those proceedings to have failed to mediate in good faith shall not be so entitled.” Defendant’s post-trial motion for attorney fees was denied. The appellate court affirmed the trial court’s order, stating: “Under the broad language of the attorney fee provision, the trial court correctly rejected defendant’s request for attorney fees. Unlike some attorney fee provisions that restrict the right to recover attorney fees to the party prevailing on a breach of contract claim, in which case the outcome of other claims does not affect the right to recover attorney fees, the agreement in this case entitles the party who prevails in the overall dispute to recover its attorney fees. Under the terms of this provision plaintiff is the prevailing party although she recovered on a tort theory rather than a contract theory.” Maynard v. BTI Group, Inc.  (Cal. App. First Dist., Div. 3; May 29, 2013) 216 Cal.App.4th 984.