In Korech v. Hornwood (1997) 58 Cal.App.4th 1412, the Plaintiffs had performed electrical work at the request of a contractor, Avis Construction, on property owned by the defendants. Plaintiffs filed a mechanics lien in connection with the work. When they were not paid, they filed suit against Avis and the defendants seeking to foreclose on the mechanics lien. They also added a cause of action for breach of contract alleging that defendants were parties to the contract between plaintiffs and the contractor and alleging an attorney fees provision in the contract. Defendants prevailed on the contract claim but the court ordered enforcement of the mechanics lien. "The basis of the court's decision was that while plaintiffs had a contract with Avis, the general contractor, and thus were entitled to foreclosure on their mechanic's lien, there was insufficient evidence that a contract existed between plaintiffs and defendants." (Id. at p. 1415.) The defendants then moved for attorney fees pursuant to section 1717. The court awarded attorney fees based on section 1717, but apportioned the amount sought between contract and non-contract claims, and awarded only that amount attributable to defense of the contract action. The Court affirmed the award: "We agree that plaintiffs did receive the remedy they sought as to the mechanic's lien. However, we do not agree that payment for the work they performed was the sole issue at trial. Assuming they did their legal research, plaintiffs must have known that they would not be entitled to attorneys fees in pursuing their mechanic's lien remedies. Plaintiffs continued to pursue a breach of contract theory even when a written contract could not be proven at trial. It is clear that the recovery of attorneys fees against the defendants was a substantial aim of the lawsuit. Having elected to proceed with their breach of contract theory, they assumed the burdens of invoking that contract's attorneys fee clause. Upon losing that claim, they are now liable pursuant to the reciprocity established by Civil Code section 1717." (Korech v. Hornwood, supra, 58 Cal.App.4th at pp. 1421-1422.) In Korech the Court cautioned: '"In law it is a good policy never to plead what you need not, lest you oblige yourself to prove what you cannot.' (Abraham Lincoln, Letter to Usher F. Linder (Feb. 20, 1848) in The Quotable Lawyer (Shrager & Frost edits. 1986) P 96.6, p. 241.)" (Korech v. Hornwood, supra, 58 Cal.App.4th at p. 1420.)