Fees and Costs in Action Brought Solely to Compel Arbitration

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 if the merits of the parties' underlying contractual disputes have not yet been resolved. Otay River Constructors v. San Diego Expressway (2007) __ Cal.App.4th __. In a secondary ruling, the court of appeal held that 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 § 1294(e). You can download Otay River Constructors v. San Diego Expressway here in pdf or word format.

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