California Court of Appeal
Otay River Constructors v. San Diego Expressway, D049612
Where an action is brought solely to compel arbitration of contractual disputes between the parties, a party who succeeds in obtaining an order denying the petition to compel arbitration is a prevailing party in the action on the contract even though the merits of the parties' underlying contractual disputes have not yet been resolved, and an order denying a request for costs and attorney's fees under such circumstances is appealable as a "special order after final judgment" under Code of Civil Procedure section 1294(e).
Appellate Information
- Decided 01/07/2008
- Published 01/07/2008
Judges
- McINTYRE, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Bell, Rosenberg & Hughes, Roger M. Hughes, Eric J. Phillips, Carol K. Watson, Oakland, and James A. Melino for Appellant.
- For Appellees:
- Wulfsberg, Reese, Colvig & Firstman, H. James Wulfsberg, Oakland, Luce, Forward, Hamilton & Scripps, Charles A. Bird and Roger C. Haerr, San Diego, for Respondent.