Arbitrator’s $351,470 Fee Award Affirmed Due to Inadequate Record on Appeal.
Med-Trans Corp. v. City of California City, Case No. F061553 (5th Dist. May 14, 2012) (unpublished) involved an arbitration referee’s of $351,470 in fees and costs after prevailing City defensed a fraud and contractually based claim of plaintiff. (City had requested an award of $414,621.50 in fees and $21,183.50 in costs, but the referee found–after determining that the tort claim had to be defeated for City to prevail on the contract claim–City was not entitled to fees for some unsuccessful maneuvers, was not entitled to a multiplier for a straightforward case, was not entitled to fees for two attorneys appearing at the same court proceeding, and was not entitled to fees incurred after a certain date except for work on the fee petition.)
Plaintiff appealed, but review was made impossible by an inadequate record. Although providing the referee’s written decision, plaintiff did not supply the complaints, the judgment on pleading, or fee motion papers such that no error could be found by the appellate court. (Hernandez v. California Hospital Medical Center, 78 Cal.App.4th 498, 502 (2000) [inadequate appellate record where appealing party failed to include motion proceeding papers].) So, yet again, we remind you appellants out there to take great pains to designate or compile an adequate appellate record for review by the intermediate (and possibly higher) courts. If not, you will be done in by waiver/forfeiture appellate principles.