Briefing Looks Completed; Issue Is Whether Procedural Victory Based on Federal Exclusive Jurisdiction Entitles Litigant to Prevailing Party Status Under Civil Code Section 1717.
On both September 22, 2012 and December 27, 2012, we posted on Kandy Kiss of California, Inc. v. Tex-Ellent, Inc., a Second District decision affirming an award of attorney’s fees to a litigant who obtained a dismissal based on exclusivity of federal jurisdiction. We now report that the California Supreme Court granted review on January 16, 2013, and the docket seems to show that briefing is complete.
Here is the issue framed for review: “Is a party who obtains the dismissal of a contract action entirely on procedural grounds entitled to an award of attorney fees under Civil Code section 1717 as the prevailing party in an action on a contract?” Stay tuned for the answer when any opinion is issued in this matter.