Demari v. Desert Oasis Mobile Estates, Case No. F064419 (5th Dist. Mar. 19, 2013) (unpublished) was a situation where plaintiff sued defendants for breach of contract and was defensed through a demurrer which was sustained without leave to amend. Then, the lower court granted attorney’s fees in favor of defendants as prevailing parties.
On appeal by plaintiff, a Fifth District panel decided that there was fee entitlement to defendants based on an exhibit with a fees clause which was expressly “incorporated by reference” into the mobile storage agreement. That sufficed, sustaining the basis for the fee award.