Can a plaintiff claim fees even if he loses his arbitration case?
California, United States of America
The following excerpt is from Wherry v. Award, Inc., G045520, Super. Ct. No. 30-2008-00108123 (Cal. App. 2012):
On appeal the court affirmed, relying on what it labeled "an independent provision of the contract . . . entitl[ing him to fees] even if he loses the case on the merits in the arbitration." (Acosta v. Kerrigan, supra, 150 Cal.App.4th at p. 1132, fn. omitted.) As noted above, section 1717 was not the basis for the award.
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