Lachkar

Defendants Michel Lachkar, Norris J. Bishton, Jr., Touche, Ltd., a limited partnership, and MLNB, Inc., appeal from that portion of an order awarding plaintiffs Robert Lachkar, Georges Lachkar, and Vertical Foods, Inc., attorneys fees and costs of suit incurred in connection with a petition to compel arbitration under Code of Civil Procedure section 1281.2.

I

Facts

Robert Lachkar (Robert), Georges Lachkar (Georges), and Michel Lachkar (Michel) were sole shareholders of Vertical Foods, Inc., which operated a restaurant and cocktail lounge known as Entourage Restaurant. On August 9, 1984, Georges, Robert and Vertical Foods, Inc. entered into a contract of sale with Michel and Norris J. Bishton, Jr. (Bishton), whereby Michel and Bishton purchased all of the assets of Vertical Foods, Inc., leased premises, purchased the liquor license, obtained options to purchase certain real property rights, entered into consulting agreements, and agreed to manage the restaurant from August 6, 1984, until the close of escrow on the contract of sale. The contract of sale provided that “. . . any controversy between the parties hereto involving the construction or application of any of the…