Trial court judgment awarding defendant attorney’s fees is affirmed where the present action between the parties was on the contract under Civil Code sec. 1717 for purposes of an award of attorney fees, and even if plaintiff prevails on some or all of his claims in the course of arbitration in the other action between the parties, it would not be in derogation of defendants’ independent right to attorney’s fees in the present action.
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Appellate InformationAPPEAL from San Francisco County Super. Ct. No. CGC-05-445009.FIRST APPELLATE DISTRICT, DIVISION FOURFiled July 13, 2009
JudgesBefore: RIVERA, J., RUVOLO, P.J., REARDON, J.Opinion by RIVERA, J.
CounselFor Appellant: Adam S. Gruen, Law Offices of Adam S. Gruen.
For Respondent: Glenn P. Walling, Law Offices of Glenn P. Walling; Michael P. Verna, David W. Trotter, Bowles & Verna.
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