Section 1717: Award To Prevailing Defendant Of $26.8 Million, Out Of Requested $42 Million, In Civil Code Section 1717 Attorney Fees Reversed As Premature When Appellate Panel Reverses Trial Court’s Granting of Judgment On The Pleadings

2/3 DCA Did Not Reach The Merits Of Plaintiff’s Argument Against The Fees Award As The Award Necessarily Fell With Reversal Of The Judgment

            Shell Oil v. Barclay Hollander, Case No. B289505 (2d Dist., Div. 3 June 5, 2020) (unpublished), involves a hotly contested action brought by Shell Oil seeking indemnification for environmental cleanup costs.  After the trial court’s orders in favor of defendant’s motion for judgment on the pleadings and subsequent section 1717 attorney fees motion, Shell appealed.

            On appeal, the 2/3 DCA partially reversed – thereby reinstating Shell’s causes of actions and causing the postjudgment award of defendant’s requested fees to fall as premature.  (Law Offices of Dixon R. Howell v. Valley, 129 Cal.App.4^th 1076, 1105 (2005).)