Winn v. Cal Cow
Appellant entered into a contract to buy land from respondents Cal Cow et al. for $3,000,000. Unable to meet the financial terms of the contract, respondents notified her that the contract was cancelled. Appellant filed an action for specific performance and then failed to respond to discovery. Respondents filed a motion for summary judgment based on deemed admissions. Appellant did not file opposition to the summary judgment motion; instead, she filed a motion to compel arbitration. The day before the hearings on the motions, Appellant attempted to dismiss the action. The court refused to accept the dismissal, granted respondents' motion for summary judgment and denied Winn's motion to compel arbitration. The court also awarded respondents' attorney fees under the contract. Court affirm and remand for award of attorney fees on appeal.
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