Alter Ego and Kindred Successor Theories Treated Alike Under Section 1717.
We reported on Brown Bark III v. Haver, Case No. G047198 (4th Dist., Div. 3 Aug. 26, 2013) (unpublished) in our September 2, 2013 post, where a fee denial was reversed with respect to a prevailing defendant alleged to be the successor continuation entity to another defendant which was a signatory to certain agreements with fee clauses. This case has now been certified for publication on September 13, 2013.
Kudos to CalAttorneysFees blogger Mike Hensley, who argued the appeal for appellants, and to Kevin Day, who tried the matter in the superior court.