$308,383.72 Fee Recovery Affirmed On Appeal.
In Ito v. Ito, Case No. A136513 (1st Dist., Div. 3 Sept. 24, 2014) (unpublished), one party, in an LLC dissolution case, received $461,958 plus title to 3 properties, while second party received $20,092 plus title to one property in litigation with fee-shifting clauses in LLC operating agreements. The trial court decided the first party “won” and awarded $308,383.75 in fees under the contractual fee clauses. Well, that result did stay intact on appeal. Although losing party argued that there was a mandatory arbitration clause not adhered to by the prevailing party, that did not divest fee entitlement where the losing party did not move to compel arbitration such that arbitration rights were waived by proceeding to litigate. (Bodine v. United Aircraft Corp., 32 Cal.App.3d 940, 945 (1975).) As far as the argument the first party did not prevail, get outta here—do the simple arithmetic, everyone.