Khajavi v. Feather River Anesthesia Medical Group
In Khajavi v. Feather River Anesthesia Medical Group (2000) 84 Cal. App. 4th 32, the court said:
"The determination of whether there exists a 'legal basis for an award of attorney fees is a question of law which we review de novo' where the facts are undisputed." (Khajavi, at p. 59.)
The issue in that case was whether an oral employment agreement contained an attorney fee provision because of similar written agreements with other employees.
The court held there was no mutual consent to an attorney fee provision because the parties had never discussed it, and had not agreed to any such provision.