Cases: Arbitration

Arbitration: Even With Qualifying Language Found Insufficient, Fees And Costs Provisions In The Employment Agreement Were Found Substantively Unconscionable

Cases: Arbitration

However, Remand Was Ordered To See If Severance Could Allow Arbitration To Proceed. In Foster v. Liberty Military Housing Holdings, LLC, Case No. D085268 (4th Dist., Div. 1 Mar. 4, 2026; posted Mar. 5, 2026) (unpublished), an employment agreement had an arbitration clause with the following fees and costs provisions: “If required by law applicable […]

Arbitration, Homeowner Associations: Given That Homeowner Claims Arose From Governing Documents, An Adverse $254,815.53 Fee/Costs Award Was Affirmed After HOA Prevailed At An Arbitration

Cases: Arbitration, Cases: Homeowner Associations

A Broad By-Law Fees/Cost Clause, The Davis-Stirling Act, And JAMS Cost Provision Amply Justified The Arbitration Award Which Was Confirmed As A Judgment. The next post illustrates a familiar ending story in many homeowner-HOA disputes, whether brough in court or in arbitration:  a prevailing party will face the prospect of obtaining substantial recoupment of attorney’s

Arbitration: Another Post-Hohenshelt Trial Court Decision On Missed Payment And Sanctions Was Reversed And Remanded

Cases: Arbitration

Trial Judge Needed To Assess Culpability And Whether Missed Payment Was Excusable. In Aqua Blue Constr., Inc. v. Goshorn, Case No. B338632 (2d Dist., Div. 3 Feb. 24, 2026) (unpublished), an appellate court—post-Hohenshelt—has reversed and remanded a case to see if the party making a missed arbitration payment under CCP § 1281.9 was culpable and

Arbitration: Another Post-Hohenshelt Reversal For The Defense Arguably Not Paying One Invoice On Time

Cases: Arbitration

Although Remanded, Facts Suggested A Possible Delay Because Of A Calamity Evacuation By Defense Counsel. As we have said before, the CCP § 1281.98 defense missed payment deadline for employer/employee cases have resulted in many reversals and remands.  That also occurred in Colon-Perez v. Security Industry Specialists, Case No. A168297 (1st Dist., Div. 1 Feb.

Arbitration, Fee Clause Interpretation: Broad Fees Clause Allowed Law Firm To Recover Both Trial and Appellate Fees For Prevailing In An Action/Appeal Attempting To Void An Arbitration Agreement

Cases: Arbitration, Cases: Fee Clause Interpretation

Total Fees to Law Firm Came To $416,680.30. Fee-shifting can be a game changer in litigation, including litigation relating to an arbitration where the fees clause is broad in nature.  Plaintiff client learned that lesson all too well in litigation against his former counsel, as demonstrated by Milder v. Holley, Case No. B331152 (2d Dist.,

Arbitration: $220,817 Arbitration Fee Award Is Affirmed In Favor Of One Plaintiff, Because Moncharsh Did Not Show A Basis For Arbitral Reversal

Cases: Arbitration

Lower Court’s Denial Of Post-Judgment Vacatur Fees To Prevailing Plaintiff/Employee Was Justified. In Fishman v. Advisors LLP, Case No. B334179 (2d Dist., Div. 7 Jan. 15, 2026) (unpublished), a couple of former lawyers/nonequity partners sued their former law firm for compensation and over the validity of a non-compete clause.  There were various proceedings; however, one

Arbitration: 2/6 DCA Remands Employer’s Failure To Timely Pay Arbitration Expenses Post-Hohenshelt To See If Employer Had Plausible Excuses

Cases: Arbitration

Employer Paid Expenses 7 Days Late. The 2/6 DCA, in line with other intermediate appellate courts, remanded a decision not excusing an employer from paying arbitration expenses within 30 days, in Doe v. Lawyers for Employee and Consumer Rights, Case No. B330052 (2d Dist., Div. 6 Dec. 23, 2025) (unpublished), referencing Hohenshelt, 18 Cal.5th 310.

Arbitration: Where Parties Failed To Remind Arbitrator About Stipulation To Bear Fees/Costs, Subsequent Award Of Fees To Plaintiff In The Arbitration Was Not Subject To Vacatur

Cases: Arbitration

Circumstances Did Not Fall Into “Legally Dispositive Facts” Vacatur Principle. In VIP Mortgage Incorporated v. Gates, No. 24-7624 (9th Cir. Dec. 22, 2025) (published), a vacatur request was denied where an arbitration award granted attorney’s fees and costs to a plaintiff on the defense’s counterclaims even though the parties had stipulated that fees and costs

Arbitration, Section 1717: Prevailing Party Winning A Petition To Appoint An Arbitrator In A Discrete Action Under The Parties’ Contract Was Entitled To Recover $68,800 In Fees For Getting An Arbitrator Appointed

Cases: Arbitration, Cases: Section 1717

Prematurity Arguments Were Rebuffed. In Barbanell v. Lodge, Case No. D084193 (4th Dist., Div. 1 Dec. 17, 2025) (unpublished), the parties entered into a settlement agreement to resolve a longstanding water rights dispute, with the settlement agreement having an attorney’s fees clause allowing a prevailing party in a lawsuit arising out of the settlement to

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