Arbitration Submission Agreement Did Not Envision Fees And Costs At All.
An arbitrator in Centinela-Freeman Emergency Med. Associates v. Hispanic Physicians IPA Med. Corp., Case No. B258015 (2d Dist., Div. 1 Dec. 8, 2016) (unpublished) awarded request for admission costs-of-proof sanctions under CCP § 2033.420. No trifling amount was awarded, because the RFA sanctions comprised $176,393.50 in attorney’s fees for RFA denials. The trial court refused to confirm this component of the arbitration award, a ruling affirmed by the 4/1 DCA. The parties’ arbitration submission agreement was quite narrow, not providing for an award of fees and costs. This lack of breadth supported not confirming the RFA costs-of-proof award.