Disputesuite, LLC v. Scoreinc.com

*971 Is the defendant in an action arising out of contract entitled to an award of attorney fees under Civil Code section 1717 (section 1717 ) by virtue of having obtained a dismissal from a California court on the ground that the agreement at issue contained a forum selection clause specifying the courts of another jurisdiction? In the circumstances of this case, we conclude the trial court did not abuse its discretion in finding that defendants were not prevailing parties for purposes of section 1717. Considering that the action had already been refiled in the chosen jurisdiction and the…