October 2010

Arbitration: Agreement Incorporating AAA Construction Industry Rules Allows For Fee Recovery If Both Sides Pray For Fee Recovery

Cases: Arbitration

Second District, Division 5 Applies AAA Rules Invoked By Each Side’s Arbitration Demands.      When you are reviewing a contract for fee exposure, make sure you focus carefully on the remedies and arbitration sections. If the arbitration section incorporates American Arbitration Association rules, litigants may have fee exposure from the express rules incorporation made by […]

Arbitration: Trial Court’s Excising Of Attorney’s Fees Award By Arbitrator Reversed On Appeal

Cases: Arbitration

Second District, Division 5 Finds Arbitral Discretion Prevails on Fee Award.      In Youssefzadeh v. 740 S. Broadway Associates, LLC, Case No. B220726 (2d Dist., Div. 5 Sept. 30, 2010) (unpublished), two matters were ordered to arbitration pursuant to identical binding arbitration clauses in two different LLC operating agreements. The clauses were broad in nature,

Probate: Attorney’s And Accountant Fees Properly Payable By Trust

Cases: Probate

Probate Code Section 16247 So Authorizes.      Although published on other issues, Manson v. Shepherd, Case No. H034019 (6th Dist. filed Sept. 3, 2010, ordered partially published Sept. 30, 2010, fee award discussion unpublished), reminds probate practitioners representing trustees to invoke Probate Code section 16247 for obtaining reimbursement of attorney’s fees for trust administration work.

Civil Code Section 1717: Award To Prevailing Party Under Settlement Stipulation Entirely Proper

Cases: Homeowner Associations, Cases: Section 1717

Second District, Division 2 Finds Settlement Stipulation Allowed for 1717 Fee Recovery.      In Duenas v. Fraccionamiento Villas Del Mar, S.A., Case No. B219112 (2d Dist., Div. 2 Sept. 30, 2010) (unpublished), parties to a Baja California condominium dispute settled, reached a stipulation that all issues but a note payment issue in favor of plaintiff—including

ERISA And Routine Costs: District Judges Retain Discretion To Award Or Deny Costs To Prevailing ERISA Parties Under FRCP 54(d)(1)

Cases: Costs, Cases: Special Fee Shifting Statutes

Ninth Circuit Remands For District Judge to Determine Whether Costs Should Be Awarded Under Rule 54(d)(1).      Resolving a split among federal district courts, the Ninth Circuit Court of Appeals in Quan v. Computer Sciences Corp., Case No. 09-56190 (9th Cir. Sept. 30, 2010) (for publication), decided that a prevailing party in an ERISA action

Family Law: Court Of Appeal Finds Lower Court Failed To Carry Out Judicial Duties In Denying Fees And Costs To Financially Disparate Wife In Bitterly Contested, Expensive Dissolution Action

Cases: Family Law

Fifth District Also Assigns Matter to Different Judicial Officer Based On Appearance He Was Not Impartial.      Well, this next one is a doozy. You knew it would be when the appellate court intersperses these quotes: “Somewhere along the line, litigation must cease” (In re Marriage of Crook, 2 Cal.App.4th 1606, 1613 (1992)) and “trial

Deadlines, Section 1717, Allocation, and Section 998: Fourth District, Division 3 Addresses Hodgepodge Of Fee/Costs Issues

Cases: Allocation, Cases: Section 1717, Cases: Section 998

  Affirms $289,000 Costs Award and $1.6 Million Fee Award.      In a long-running case that has produced several appellate opinions along the way, V3I v. Western Digital Corp., Case No. G041386 (4th Dist., Div. 3 Sept. 29, 2010) (unpublished) finally ran its course, with the final appeal being from a $289,000 costs award and

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