Section 1717: Settlement Agreement With Fees Clause, Incorporated Into A Subsequent Judgment, Does Allow For Fee Recovery

Fifth District So Holds In A Contentious Matter.

The Fifth District, in Wash v. Wash, Case Nos. F084442/F084443 (5^th Dist. Feb. 23,, 2026) (unpublished), confirmed that a contractual fees clause in a settlement agreement, when properly incorporated into a subsequent judgment, can give rise to a fee recovery for a prevailing party under Civil Code section 1717.