Finality Was Present With Respect To The One Contractual Issue, Justifying Civil Code Section 1717 Recovery.
In an earlier published decision, general contractor was found to have waived the right to compel arbitration in construction defect and mechanic’s lien cases which ultimately were consolidated. The winning party on the arbitrability dispute, the only contractual claim, moved for contractual fees and was awarded $14,805. The appellate court in Von Becelaere Ventures, LLC v. Zenovic, Jr., Case No. D073108 (4th Dist., Div. 1 Nov. 29, 2018) (unpublished) found that the situation was not premature for a fee recovery because the winner did win on the only contractual issue even though remaining noncontractual claims had not yet been arbitrated.
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