O'Leary

Filed 3/24/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

JENNIFER O’LEARY, D085327

Cross-complainant and Respondent,

v. (Super. Ct. No. RIC2002554)

WALTER JONES III,

Cross-defendant and Appellant.

APPEAL from an order of the Superior Court of Riverside County, Godofredo Cuison Magno, Judge. Request for judicial notice denied. Affirmed as modified. Rod Pacheco and Irasema Rocha, for Cross-defendant and Appellant. Reeves & Weiss, Jeffrey H. Reeves, Daniel L. Weiss and Lindley G. Round, for Cross-complainant and Respondent. Michael Scheinker filed an unsuccessful petition to confirm an arbitration award against Walter Jones III, which the trial court dismissed for lack of personal jurisdiction. After it dismissed the petition and expressly declined to rule on Jones’s request to vacate the award, the court also denied Jones’s motion for attorney’s fees, concluding there was no party prevailing

on the contract for purposes of Civil Code 1 section 1717. We conclude the trial court did not abuse its discretion in denying Jones’s motion for attorney’s fees,…