DisputeSuite Recent California Supreme Court Decision Supported The Result.
In Ahern v. Asset Management Consultants, Inc., Case No. B271851 (2d Dist., Div. 7 May 22, 2017) (unpublished), parties successfully challenging an adverse result on the basis it was not arbitrable later sought $465,000 in attorney’s fees even though the merits dispute was reinjected into several pending court cases between the parties which dispute has not yet been resolved. The trial judge denied the fee motion as premature. The 2/7 DCA affirmed based on the recent reasoning in DisputeSuite.com, LLC v. Scoreinc.com, 2 Cal.5th 968 (2017 [reviewed in our April 11, 2017 post], which decided in analogous fashion that fees were properly denied where a case had been transferred and re-filed in a different state given that no ultimate prevailing party status determination had yet been made. So it was here.