P0184 Under a contract that permits the award of attorney fees to the prevailing party in litigation arising under it, attorney fees may be awarded to the prevailing party in an action that requires a court to determine whether money was owed under the contract; a secured creditor asserting the rights of its debtor in such an action stands in the debtor's shoes and is entitled to fees if it prevails and liable for fees if it does not, even though it was not a signatory to the contract.

CALIFORNIA WHOLESALE v WILSON (Secured Creditor) 96 CA4 598 [See: CCP 1021 etseq; CivC 1717; Milman v Shukhat 22 CA4 538; Santisas v Goodin 17 C4 599, T/AT 4/98; Reynolds v Alperson 25 C3 124]