Too Late to Dismiss a Related Case

Mesa Shopping Center v. O’Hill, No. G049205 (D4d3 Dec. 23, 2014)

While an arbitration was pending, plaintiff filed this case seeking ancillary declaratory and injunctive relief. It filed a motion for a preliminary injunction, which was denied. Then the case got stayed while the arbitration proceeded. Soon after the arbitrator ruled for defendants, including an award of about $800,000 in fees and costs under a contractual fee provision, plaintiff voluntarily dismissed this case with prejudice. Thereafter, defendants moved to vacate the dismissal and for an award of fees incurred in the court case. The trial court denied the motion.