Fee Clause Interpretation: No Attorney’s Fees Exposure In Court Action Because Operative Contractual Fees Clause Only Applied To Arbitration Activities

Choosing Litigation Over Arbitration Means The Party Did Decide To Forego Fees.

            Roberts v. Crandell, Case No. B320951 (2d Dist., Div. 3 Jan. 26, 2024) (unpublished) is yet another unpublished decision with reasoning which supports the view that a litigant choosing to litigate in court, rather than arbitration (where the contractual fee clause only encompasses arbitration), cannot recoup attorney’s fees as the prevailing party in a court case.