California Appellate Tracker

Martinez v. SAI Long Beach B, Inc. (2025) 108 Cal.App.5th 367

April 10, 2025

Specific statutory one-way attorney fee provisions overcome Civ. Code 1717’s two-way attorney fee provision. Hence, here the prevailing used car dealer could not recover its attorney fees since plaintiff sued under consumer protection statutes with one-way attorney fee provisions, including the Magnuson-Moss Warranty Act, the Song-Beverly Act, the CLRA (which allows a fee award to the prevailing defendant only if the plaintiff brought the action in bad faith), and the UCL (as it pleaded unlawful business practices in violation of the other three just-mentioned statutes).

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California Appellate Tracker

Martinez v. SAI Long Beach B, Inc. (2025) 108 Cal.App.5th 367

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