FROG CREEK PARTNERS, LLC v. VANCE BROWN, INC.

No. A129651.

206 Cal.App.4th 515 (2012)

141 Cal. Rptr. 3d 834

FROG CREEK PARTNERS, LLC, Plaintiff, Cross-defendant, and Respondent, v. VANCE BROWN, INC., Defendant, Cross-complainant, and Appellant.

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

May 24, 2012.


Attorney(s) appearing for the Case

Sedgwick, Detert, Moran & Arnold, Sedgwick, Gregg N. Dulik ; Miller Shakman & Beem and Stuart M Widman for Defendant, Cross-complainant and Appellant.

Ropers, Majeski, Kohn & Bentley, Susan H. Handelman and Terry Anastassiou for Plaintiff, Cross-defendant and Respondent.


OPINION

SIMONS, Acting P. J.

Two parties enter into a contract with an arbitration clause and a separate attorney fee provision. A dispute arises, a lawsuit is filed, and the defendant petitions to compel arbitration. Under Civil Code section 1717, if the plaintiff defeats that petition, is it entitled to recover attorney fees, even if the plaintiff ultimately loses the substantive...

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