Domestic Linen Supply Co., Inc. v. L J T Flowers, Inc. (2020)
If a defendant unsuccessfully moves to compel arbitration of a lawsuit filed against it, the lawsuit continues in court. So for purposes of Civ. Code 1717, the plaintiff does not become the prevailing party on the contract simply by defeating the motion to compel arbitration. However, if not yet having been sued, a party files an independent petition to compel… Read More