Southern Pac. Transp. Co. v. Mendez Trucking, Inc.

Southern Pacific Transportation Company (appellant) appeals the judgment entered on the arbitration award issued in favor of Mendez Trucking, Inc. (respondent) on appellant’s cross-complaint. The trial court determined that appellant had forfeited its right to a jury trial on its cross-complaint against a codefendant, respondent herein, even though the plaintiff had timely requested a trial de novo against both defendants on his personal injury claim. Appellant also appeals the order awarding attorney fees to respondent as the prevailing party pursuant to Civil Code section 1717. We conclude that plaintiff’s filing of a request for trial de novo returned the entire case to the calendar. Consequently, the trial court erred in entering judgment for respondent on the arbitration award.

Facts

Plaintiff Joseph Christopher, an employee of appellant, was injured at work when the vehicle he was operating collided with a truck operated by Adolfo Flores on behalf of respondent. Plaintiff sued appellant, respondent, and Flores for negligence. Appellant cross-complained against respondent, alleging causes of action for contractual indemnity, implied indemnity, breach of an…