OTAY RIVER CONSTRUCTORS v. SAN DIEGO EXPRESSWAY

No. D049612.

70 Cal.Rptr.3d 434 (2008)

158 Cal.App.4th 796

OTAY RIVER CONSTRUCTORS, Plaintiff and Respondent, v. SAN DIEGO EXPRESSWAY, Defendant and Appellant.

Court of Appeal of California, Fourth District, Division One.

January 7, 2008.


Attorney(s) appearing for the Case

Bell, Rosenberg & Hughes, Roger M. Hughes, Eric J. Phillips, Carol K. Watson, Oakland, and James A. Melino for Appellant,

Wulfsberg, Reese, Colvig & Firstman, H. James Wulfsberg, Oakland, Luce, Forward, Hamilton & Scripps, Charles A. Bird and Roger C. Haerr, San Diego, for Respondent.


McINTYRE, J.

Where an action is brought solely to compel arbitration of contractual disputes between the parties, we conclude that (1) 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 (2) an order denying a request for costs and attorney fees under such circumstances is appealable...

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