In Jones v. Union Bank of California (2005) 127 Cal.App.4th 542, borrowers had initially prevailed in an action against Union Bank of California to set aside a foreclosure sale and were awarded their attorney fees. The initial judgment was reversed on appeal; following remand, the bank prevailed and was awarded its attorney fees. In the second appeal the appellate court rejected the borrowers' principal argument an award of fees was precluded by antideficiency legislation and also held the fee provision at issue was broad enough to include actions based on tort, as well as contract claims. The court then observed, "In any event, Borrowers' prior successful motion for attorney fees in the same action estops them from claiming Bank has no right to the fees." (Id. at p. 549.)