In Mitchell Land & Improvement Co. v. Ristorante Ferrantelli, Inc. (2007) 158 Cal.App.4th 479, the court addressed the issue of whether an unlawful detainer action is an action upon a contract such that Civil Code section 1717, subdivision (b)(2), precludes an attorney fee award upon its voluntary dismissal. (Id. at p. 482.) The court held that because the unlawful detainer action at issue was solely based on an alleged breach of a lease covenant, the action was on a contract, barring recovery of attorney fees. (Id. at p. 488, 490.)