Cases: Arbitration

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 (2d Dist., Div. 2 Apr. 27, 2026) (unpublished) confirms that the victor in arbitration proceedings, which may entail having to overturn an adverse arbitration award […]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 Allan Law Group, P.C. v. Stewart, Case No. B333681 (2d Dist., Div. 7 Mar. 20, 2026) (unpublished) involves an interesting intersection between Mandatory Fee Arbitration Act (MFAA) and California Arbitration Act (CAA) principles where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v. Liberty Military Housing Holdings, LLC, Case No. D085268 (4th Dist., Div. 1 Mar. 4, 2026; posted Mar. 5, 2026) (unpublished), an employment agreement had an arbitration clause with the following fees and costs provisions: “If required by law applicable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

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

Scroll to Top