Otay River Constructors v. South Bay Expressway
Otay River Constructors (Otay) brought a declaratory relief action against South Bay Expressway and California Transportation Ventures, Inc. (together Expressway), seeking a declaration as to the meaning of a contractual provision in the parties' agreement. The court sustained Expressway's demurrer without leave to amend based on the court's determination that it was not the appropriate forum to provide an interpretation of the parties' agreement. (See Code Civ. Proc., 1061.) The trial court found Expressway was the prevailing party and granted Expressway attorney fees of $37,987.75 under Civil Code section 1717. On appeal, Otay challenges only the attorney fees award. Otay contends the court abused its discretion in finding that Expressway was the prevailing party. Court reject this contention and affirm.
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