$50,000 Arbitration Fee Award Likely Will Get Increased on Remand.
In American State University v. Kiemm, Case No. B242766 (2d Dist., Div. 5 Apr. 29, 2013) (unpublished), plaintiffs prevailed in a contractually-mandated arbitration, winning an arbitration award of $900,000 in compensatory damages, $500,000 in punitive damages, and $50,000 in attorney’s fees in a stock purchase agreement dispute where there was a fees clause in the agreement.
Plaintiffs successfully defended the arbitration award on appeal. This meant they were entitled to additional fees and costs for successful appellate work under Code of Civil Procedure section 1293.2, which provides that such claimants are entitled to “costs” including fees for prevailing in a judicial proceeding which would include an appeal. (Corona v. Amherst Partners, 107 Cal.App.4th 701, 707 (2003); Carole Ring & Associates v. Nicastro, 87 Cal.App.4th 253, 260 (2001).)