In Federal Deposit Ins. Corp. v. Dintino (2008) 167 Cal.App.4th 333 (FDIC), plaintiff bank filed a lawsuit against defendant borrower containing causes of action in contract and tort. The bank alleged that the borrower had breached a contract by failing to pay on a promissory note and also that the borrower had been unjustly enriched. The promissory note contained a provision for costs and expenses, including attorney's fees incurred "in enforcing this Note." (Id. at p. 356.) Judgment was entered for the borrower following summary judgment on the contract claim, and after a bench trial damages were awarded to the bank on its unjust enrichment claim. The borrower sought attorney's fees incurred in defending the contract claim on the basis that he was the prevailing party under Civil Code section 1717. The trial court denied the motion, finding that there were mixed results in the case and although the borrower had succeeded in defending the breach of contract claim, he was not the prevailing party because the bank had been awarded damages and had "achieved its main litigation objectives." (FDIC, supra, at p. 356.)