We Predicted It—Due To Split On Whether Forum Selection Clause Dismissal Allows One To Claim Prevailing Party Status Under Civil Code Section 1717.
Well, we sometimes actually make correct predictions. In our April 15, 2015 post, we discussed DisputeSuite.com, LLC v. Scoreinc.com, 235 Cal.App.4th 1261 (2d Dist. 2015), where a fee denial order was affirmed even though the defendant obtained dismissal of a California case based on a Florida forum selection clause. Defendants sought review by the California Supreme Court based on the belief that they had prevailed for purpose of Civil Code section 1717 fee recovery. We posted that the case seemed destined for California Supreme Court review, given that there appeared to be a concrete split between the Sixth District (Drummond) and the Fourth District, Division 3 (Profit Concepts/PNEG).
The California Supreme Court did accept review during the week of July 27, 2015, framing the issue for consideration this way:
“#15-134 DisputeSuite.com, LLC v. Scoreinc.com, S226652. (B248694; 235 Cal.App.4th 1261, mod. 236 Cal.App.4th 529e; Los Angeles County Superior Court; 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?”