Wong v. Davidian

Wong v. Davidian (1988) 206 Cal.App.3d 264, illustrates that the label put upon a pleading does not determine whether an action involves a contract. The defendant in Wong was awarded attorney fees under Civil Code section 1717. Wong argued his action was solely for reformation of contract rather than to enforce the contract, and that section 1717 was therefore inapplicable. In rejecting Wong's argument, the court noted that "an award of attorney's fees under section 1717 may be appropriate even where the plaintiff does not try to enforce the terms of a contract. Awards have been upheld even in cases where contracts were invalidated. " (Wong, supra, 206 Cal.App.3d at p. 270.)