Reciprocity Principles of Section 1717 Prevailed.
In Montana Bail Bonds, Inc. v. Mark, Case No. B228772 (2d Dist., Div. 2 Sept. 29, 2011) (unpublished), appellant plaintiff lost a suit against respondent defendants for failure to pay bail bond premiums where there was a bail bond agreement with a broadly worded fees clause. The trial court awarded respondents attorney’s fees of $24,190 under Civil Code section 1717.
Appellant’s appeal was unsuccessful. Had appellant successfully enforced the written and oral contractual agreements against respondents, appellant would have been entitled to 1717 fees. This triggered the reciprocity principle behind section 1717, meaning that “what is sauce for the goose is sauce for the gander.” That translated to respondents being entitled to 1717 fees because they won.