Cases: Arbitration

Arbitration: Study Of FINRA Arbitration Awards From 2015-2024 Has Some Interesting Statistical Findings

Cases: Arbitration

Arbitration Fee Awards Are Spiking Upwards Over The Years. Arbitrator-X.com has an interesting statistical survey of attorney’s fees awards in Financial Industry Regulatory Authority (FINDRA) arbitrations for the  10-year period of January 1, 2015-December 31, 2024, surveying 1,231 cases with fee awards.  Only about 15% of FINDA arbitration awards include fee awards, likely because they

Arbitration, Sanctions: $1,822.50 Sanction Issued By Arbitrator Without Notices Is Stricken From Confirmed Arbitration Award

Cases: Arbitration, Cases: Sanctions

However, The Remaining Part Of A Substantial Award Is Sustained. In Alharbi Brothers v. Corona Town Farmers Market, Case No. D086595 (4th Dist., Div. 1 Aug. 18, 2026) (unpublished), an arbitrator issued a substantial $1.35 million-plus arbitration award against a losing party (inclusive a fee award) and an additional $1,822.50 sanctions against the losing party

Arbitration: Where A Party Prevailed After Multiple Appeals And After Post-Arbitration Proceedings In Which Consumer Loan Interest/Loan Fee Provisions Were Voided, The Award Of Prevailing Party Fees Totaling $900,718 Was Proper

Cases: Arbitration

A Final Determination Was Made: Client Prevailed, And To The Victor Went The Spoils –Substantial Attorney’s Fees. Once again, Law Finance Group, LLC v. Key, Case Nos. B338733 et al. (2d Dist., Div. 2 Apr. 27, 2026) (unpublished) confirms that the victor in arbitration proceedings, which may entail having to overturn an adverse arbitration award

Arbitration, Section 1717: Where Arbitration Respondent Won A Dismissal Of An Arbitration Award Based On Lack of Personal Jurisdiction, Respondent Was Not Entitled To Fees But Was Entitled To Routine Costs

Cases: Arbitration, Cases: Section 1717

Fee Issues Depended On Further Actions.                In O’Leary v. Jones III, Case No. D085327 (4th Dist., Div. 1 Mar. 24, 2026) (published), the Court of Appeal confirmed a denial of attorney’s fees to an arbitration respondent, who was never joined in a court action before the matter was ordered to arbitration such that the

Arbitration, Celebrities: In A 2-1 Split Opinion, The 2/7 DCA Holds That A Law Firm Prevailing In A MFAA Arbitration Was Not The Prevailing Party For Purposes Of Fees/Costs In That Proceeding Because It Waived The Argument In Front Of A CAA Arbitrator And The Superior Court Could Discretionarily Deny Fees Based On The Arbitrator Determining There Was No Prevailing Party In Arbitration Award Confirmation Proceedings

Cases: Arbitration, Cases: Celebrities

Dissenting Justice Saw Things Differently: Superior Court Had To Independently Determine MFAA Award Issue Or Remand To The Arbitrator To Decide. Allan Law Group, P.C. v. Stewart, Case No. B333681 (2d Dist., Div. 7 Mar. 20, 2026) (unpublished) involves an interesting intersection between Mandatory Fee Arbitration Act (MFAA) and California Arbitration Act (CAA) principles where

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

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