Abbey v. Fortune Drive Assocs.
Plaintiff Brandon Abbey filed two lawsuits against defendant Fortune Drive Associates, LLC (Fortune). The first lawsuit sought damages in connection with Abbey’s business dealings with Fortune. The second sought to enjoin an arbitration commenced by Fortune regarding similar issues. The trial court granted the requested relief in the second lawsuit, staying the arbitration. Following entry of a declaratory judgment for Abbey in the second lawsuit, and before the conclusion of the first lawsuit, Abbey was awarded attorney fees under Civil Code section 1717 (section 1717). Fortune contends the trial court erred in awarding attorney fees, arguing such an award is available only to the prevailing party in the underlying contractual dispute. We agree and reverse the award.

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