Tiso v. Stier, Case No. D060061 (4th Dist., Div. 1 June 20, 2013) (unpublished) involved a pre-trial, formal dismissal of a reformation count where a Civil Code section 1717 fee clause was potentially in play. The appellate court, in reversing a fee award, determined that the dismissal of the reformation cause of action, including individual counts with the contract cause of action, was an effective Santisas-type dismissal and was truly distinguishable from truly independent, distinctive claims at issue in CDF Firefighters v. Maldonado, 200 Cal.App.4th 158 (2011). The result was that a $32,345.70 fee/costs award went POOF!, with the “primary right” theory driving the result reached in this decision.