Defendant Entitled To Fees In Defeating Breach Of Contract Claim, Despite Losing Claim For Promissory Estoppel.

The contract provided the prevailing party in any dispute between the parties shall recover attorney fees. A defendant successfully defeated a claim for breach of contract but lost on a claim of promissory estoppel, and the trial court denied his request for fees. The appellate court reversed, stating:  “We hold such a defendant is entitled to recover attorney fees reasonably incurred in defeating the breach of contract claim. We therefore reverse the trial court’s order and remand for further proceedings.” Barnhart, Inc. v. CMC Fabricators, Inc. (Cal. App. Fourth Dist., Div. 1; November 20, 2012) 211 Cal.App.4th 230.