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PIEROTTI v. TORIAN

No. A086713.

96 Cal.Rptr.2d 553 (2000)

81 Cal.App.4th 17

Lois PIEROTTI as Executor, etc., et al., Plaintiffs and Appellants, v. Hank TORIAN, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

May 31, 2000.

Attorney(s) appearing for the Case

Niesar & Diamond, John J. Dacey and James M. Sitkin, San Francisco, for Plaintiffs and Appellants.

David Jay Morgan, Inc., David Jay Morgan, San Mateo, Batya F. Smernoff, for Defendant and Appellant.

PARRILLI, J.

Hank Torian (Torian) has appealed from a portion of a superior court judgment confirming an arbitration award. In particular, he contends the arbitrator erred by finding that plaintiff Henry Pierotti (Pierotti)1 was the prevailing party within the meaning of an attorney fees clause, and by awarding fees on the basis of that clause.

As we explain, this is precisely the...

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