Walker v. Kiousi‪s‬

The attorney fee provision at issue in this case provided for payment of reasonable fees to lessor in an enforcement action in which it was "determined" that lessees were in default. Judgment below was entered in favor of appellant Harda Wong, successor lessor under a commercial lease, after he accepted lessees Code of Civil Procedure section 998 (section 998) offer to compromise. He challenges the trial courts denial of his attorney fees, arguing that the contractual fee provision conflicts with the purposes and provisions of Civil Code section 1717 (section 1717). We agree and accordingly reverse the judgment.