Zhou

FACTS AND PROCEEDINGS

Factual Background We set out the underlying facts related to the dispute between plaintiff and Hotel Winters in our opinion affirming the judgment dismissing Hotel Winters from the litigation. (Zhou I, supra, C098326.) By way of brief background, plaintiff invested in Hotel Winters, an LLC created to fund the construction of a hotel and to distribute the profits derived therefrom. Pursuant to her investment, in 2016 plaintiff entered into a subscription agreement, which provided that she was bound by the company’s operating agreement (2016 operating agreement). Section 12.16 of the 2016 operating agreement provided: “Attorney Fees. In the event that any Dispute between the Company and the Members or among the Members should result in an action or arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys’ fees and expenses, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Any…