California Court of Appeal

Trial court judgment awarding defendant attorney's fees is affirmed where the present action between the parties was on the contract under Civil Code sec. 1717 for purposes of an award of attorney fees, and even if plaintiff prevails on some or all of his claims in the course of arbitration in the other action between the parties, it would not be in derogation of defendants' independent right to attorney's fees in the present action.

Appellate Information

• Decided 07/13/2009
• Published 07/13/2009

Judges

• RIVERA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Adam S. Gruen, Kensington, CA, for Plaintiff and Appellant.


• For Appellees:
  
• Michael Patrick Verna, Glenn Patrick Walling, John S. Warnlof, Bowles & Verna, Walnut Creek, CA, for Defendants and Respondents.