In McLarand, Vasquez & Partners, Inc. v. Downey Savings & Loan Assn. (1991) 231 Cal. App. 3d 1450, "each party sued the other claiming breach of contract, but neither party prevailed. The jury found there had been no breach by either party and denied all relief. McLarand initiated the litigation; Downey's cross-complaint, which was aggressively pursued through trial, set forth claims which otherwise would have been foreclosed. The trial court apparently concluded that fairness dictated each side should pay its own attorneys' fees. This was a proper exercise of discretion." ( Id. at p. 1456.)