Cellphone Termination Fee Cases CA1/5

Filed 6/24/14 Cellphone Termination Fee Cases CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

CELLPHONE TERMINATION FEE A138424

CASES.

(Alameda County Super. Ct. No. RG03121510 ___________________________________/ JCCP No. 4332)

In Frog Creek Partners, LLC v. Vance Brown, Inc. (2012) 206 Cal.App.4th 515 (Frog Creek) we held that under Civil Code section 1717, there may be only one prevailing party on a given contract in a given lawsuit. (Id. at p. 520.) We therefore reversed an award of attorney fees to a party that had defeated a petition to compel arbitration filed in a pending contract action, because the opposing party was later found to have recovered the greater relief on the contract. (Id. at pp.…