Argument Set For February 7, 2017; Case Considers Whether Forum Selection Procedural Dismissal Entitles Defense To Civil Code Section 1717 Fees.
We can report that the California Supreme Court will be hearing oral arguments on an attorney's fees issue on February 7, 2017. The case pits the Second District against the Fourth District, Division Three as far as whether procedural dismissals in forum selection/venue contexts will allow the defense to recoup attorney's fees under Civil Code section 1717.
Here is the California Supreme Court's description of the issue being considered:
"DisputeSuite.com, LLC v. Scoreinc.com et al., S226652
#15-134 DisputeSuite.com, LLC v. Scoreinc.com et al., S226652. (B248694; 235 Cal.App.4th 1261; Superior Court of Los Angeles County; BC489083.) Petition for review after the Court of Appeal affirmed an order denying an award of attorney fees in a civil action. This case presents the following issue: Were defendants entitled to an award of attorney fees under Civil Code section 1717 as the prevailing parties in an action on a contract when they obtained the dismissal of the action on procedural grounds pursuant to a Florida forum selection clause?"
We posted about Dispute Suite.com on April 15, 2015.