Striking Fees Was Not Discrete Proceeding Allowing For Recovery.
In Cooper v. Lavely & Singer, Case No. B261936 (2d Dist., Div. 4 Oct. 22, 2015) (unpublished), L&S won the merits of an arbitration case, but Cooper was successful in striking an arbitrator fee award in post-confirmation proceedings although the rest of the merits award stood. Cooper then moved for recovery of contractual fees for the fee strike victory, a request denied by the lower court. The Second District affirmed, finding that the ruling on just the fee issue in the post-confirmation arbitration proceeding was not a discrete proceeding win entitling Cooper to recovery of fees. In doing so, the reviewing court relied heavily on Frog Creek Partners, LLC v. Vance Brown, Inc., 206 Cal.App.4th 515 (2012), must reading in this area.