CK DFW PARTNERS LTD. v. City Kitchens, Inc.

MEMORANDUM OPINION AND ORDER

SIDNEY A. FITZWATER, Chief Judge.

Defendants’ application for attorney’s fees requires the court to decide whether under California law a party to a contract who obtains dismissal of a case based on a contractual forum selection clause, but has not yet prevailed on a merits issue, can be a “prevailing party” for purposes of recovering attorney’s fees under the contract. Concluding that a party who is merely successful in enforcing a contractual forum selection clause — but has not yet obtained “greater relief’ on the merits — is not a “prevailing party,” the court…