“It Ain’t Over Till The Fat Lady Sings.” [Maybe Said By Yogi Berra].

In an action involving a business dispute, one of the causes of action alleged breach of contract, and the contract involved contained a prevailing party attorney fee provision. The trial court dismissed the action based on a forum selection provision, and the plaintiff filed the action in another State. In the dismissed California action, defendant then filed a motion for an award of attorney fees, which the trial court denied. The Court of Appeal affirmed, concluding defendant merely obtained an interim victory, but was not a prevailing party under Civil Code section 1717. (DisputeSuite.com, LLC v. Scoreinc.com (Cal. App. Second Dist., Div. 2; April 14, 2015) 235 Cal.App.4th 1261 [186 Cal.Rptr.3d 75].)