Houdek v. Mobil Oil Corp., 879 P.2d 417, 425 (Colo.App.1994); Employers Insurance of Wausau v. RREEF USA Fund-II (Colorado), Inc., 805 P.2d 1186, 1188 (Colo.Ct.App.1991). Here, Plaintiffs confessed the state claims against Cox for misrepresentation, breach of contract, and estoppel against Cox. They did not confess the remainder of causes of action against him, including the state claims for intentional infliction of emotional distress and defamation. Because Cox was required to expend efforts beyond the filing of the motion to dismiss, an award of fees under § 13-17-201 is warranted. Moreover, Plaintiffs are liable for Cox’s attorney fees, notwithstanding that certain claims may remain against other Defendants. See Smith v. Town of Snowmass Village, 919 P.2d 868, 873 (Colo.App.1996) (<HOLDING>). I conclude, pursuant to Colo.Rev.Stat. §
holding that even though plaintiffs claim was barred by the cgia because it sounded in tort attorney fees were not appropriate where it was a contract claim that was pleaded and thus a contract claim that was dismissed holding that even though the complaint was dismissed without prejudice as a sanction for misconduct and even though the order of dismissal was therefore not an adjudication on the merits the defendants were nevertheless properly considered the prevailing party for purposes of attorneys fees holding the dismissed defendant was not precluded from obtaining its reasonable attorney fees under 1317201 even though the action was still pending against another defendant holding that a summary judgment was final and appealable even though a request for attorney fees and expenses pursuant to the alaa remained pending because any award of attorney fees is collateral to the judgment holding that the defendant was only permitted to recover attorney fees as an item of special damages with respect to the underlying action in which the defendant was sued and was not permitted to recover attorney fees incurred in the malpractice portion of the case as damages