POOF!, Section 1717: Because Plaintiff’s Declaratory Relief Action Was Moot, The Ensuing $165,000 Fee Award Under Section 1717 Went POOF! As A Matter Of Law

Lower Court Should Have Dismissed The Case, Not Enter Judgment In Plaintiff’s Favor.

In Currency Corp. v. The Pullman Group LLC, Case Nos. B340592 et al. (2d Dist., Div. 1 Mar. 27, 2026) (unpublished), a long-running battle involving enforceability of a contract assigning royalties to defendants, the lower court entered a declaratory relief judgment in favor of plaintiff and against defendants.  The appellate court agreed with the defense that the controversy was moot based on a prior appellate opinion, with the defense not disagreeing that the contract was enforceable.  This meant that the case should have been dismissed (as was argued in a demurrer and other pre-trial motions).  The lower court also awarded plaintiff $165,000 in Civil Code section 1717 fees, which also went POOF! as a matter of law. 

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