A trial court improperly awarded attorney fees to Defendants who successfully petitioned to compel arbitration of the underlying dispute pursuant to an agreement which provided for arbitration of disputes between the parties and also provided for recovery of attorneys’ fees by the prevailing party in any “action” between the parties. The Court of Appeal found that the Defendants, even though successful in compelling arbitration and staying the action, could not be the “prevailing parties” in the “action” unless and until they prevailed in the overall “action” at the arbitration hearing.
Roberts v. Packard, Packard & Johnson – (July 3, 2013), Second District, Div. One
Here’s a link to the opinion: http://www.metnews.com/sos.cgi?0713//B240452