The Second Appellate District affirmed a judgment in part and reversed it in part. In the published portion of its opinion, the court held that Civ. Code §701.020(c) does not provide statutory authority for an award of attorney fees to a prevailing creditor who brings an independent suit against a debtor for contract damages.
In 1993, Ilshin Investment Co., Ltd., a Korean company, loaned funds to Last Patriot Productions, Inc. to enable production of The Patriot, a film starring Steven Seagal. Last Patriot obtained the necessary bank financing and completed the film, but theatrical distribution was insufficient to enable Last Patriot to repay its obligations to Ilshin and others.
