Otay River Constructors v. San Diego Expressway

Opinion

McINTYRE, J.

Where an action is brought solely to compel arbitration of contractual disputes between the parties, we conclude that (1) a party who succeeds in obtaining an order denying the petition to compel arbitration is a prevailing party in the action on the contract even though the merits of the parties’ underlying contractual disputes have not yet been resolved and (2) an order denying a request for costs and attorney fees under such circumstances is appealable as a “special order after final judgment” under Code of Civil Procedure section 1294, subdivision (e). (All statutory…