Cases: Arbitration

Arbitration, Civil Rights, Costs: 4/3 DCA Reverses Fees Awarded To FEHA Defendants For Motion To Compel Arbitration Efforts And Costs Awarded For Prevailing In The Arbitration

Cases: Arbitration, Cases: Civil Rights, Cases: Costs

Plaintiffs Achieved Partial Success In Their Opposition To Defendants’ Motion To Compel Arbitration, And Fees/Costs Are Not Awardable To Prevailing FEHA Defendant, Pursuant To Gov. Code § 12965(b), Unless The Court Finds Action Was Frivolous, Unreasonable, Or Groundless When Brought, Or The Plaintiff Continued To Litigate After It Became Clearly So.             In Humphrey v. […]

Arbitration, Section 1717: Denial Of Plaintiff’s Petition To Compel Arbitration And Award Of $32,757.04 In § 1717 Attorney Fees To Defendant Based On Fees Provision In Arbitration Clause Affirmed On Appeal

Cases: Arbitration, Cases: Section 1717

Inconspicuous Nature Of Arbitration Clause Deprived Defendant Of Procedural Due Process, And Denial Of Plaintiff’s Petition Disposed Of The Action Entitling Prevailing Defendant To Attorney Fees Per Civil Code § 1717.             In Domestic Linen Supply Co., Inc. v. L J T Flowers, Inc., Case Nos. B292863/B294788 (2d Dist., Div. 6 December 4, 2020) (published),

Arbitration, Sanctions: $22,159.50 In § 128.7 Sanctions Affirmed Against Plaintiff’s Attorney Who Filed Motion Seeking To Stay Arbitration And Remit The Parties To Judicial Remedies Based On Defendants’ Failure To Pay Arbitration Fees

Cases: Arbitration, Cases: Sanctions

Attorney Was Notified By The American Arbitration Association That The Error In Applying Defendants’ Fees Had Been Corrected, And The AAA Simply Needed Plaintiff’s Confirmation Of Intent To Proceed.             In McCluskey v. Henry, Case No. A158851 (1st Dist., Div. 3 November 2, 2020) (partially published – fees discussion unpublished), plaintiff sued employees of

Arbitration, POOF!: By Invalidating Portions Of An Arbitration Award And Remanding On Other Issues, Substantial Attorney’s Fees And Costs Award Against Arbitration Claimant/Counter-Respondent Also Sent Back For A Revisit

Cases: Arbitration, Cases: POOF!

Principal Reasons For Reversal Were That Certain Aspects Of The Employment Agreement Violated Business And Professions Code Section 16600.             Claimant/counter-claim respondent, former employee, was hammered pretty hard in an employment arbitration when the arbitrator rejected his claim for a $300,000 deferred bonus, found for employer on a counterclaim to the tune of $652,243 for

Arbitration, Employment: Although Arbitration Clause Had Invalid Attorney’s Fees/Costs Provision Relating To FEHA Claims, It Was Severed Such That Motion Denying Arbitration Was Reversed

Cases: Arbitration, Cases: Employment

Severability Saved The Day!             In Conyer v. Hula Media Services, LLC, Case No. B296738 (2d Dist., Div. 8 Aug. 26, 2020) (published), the appellate court reversed a trial judge’s decision denying arbitration to an employer even though employee acknowledged receiving a handbook with the arbitration clause but argued that there was an employer duty

Arbitration: Substantial Arbitration Award, A Lot Of It Attorney’s Fees And Costs, Confirmed On Appeal After 2/3 DCA Reverses An Order Vacating The Award In A Homeowner-Contractor Home Renovation Dispute

Cases: Arbitration

Arbitrator’s Failure To Disclose His Own Contractor Dispute 20 Years Earlier Did Not Justify Vacating The Award.             An arbitrator in R&R Construction, Inc. v. Roski, Case No. B293748 (2d Dist., Div. 3 July 22, 2020) (unpublished) awarded homeowner $265,036.40 in damages, $589,967.50 in attorney’s fees and costs, and $60,005 for arbitration fees/expenses in a

Arbitration, POOF! Arbitrator’s Award To Defendant Of $258,181.03 In Attorney Fees Goes POOF! On Appeal

Cases: Arbitration, Cases: POOF!

Arbitrator Exceeded Authority On Remand By Conducting Arbitration Inconsistent With Instructions From The 4/1 DCA             It may not happen often, but arbitration awards do occasionally get reversed.  In this case, litigants are now returning for round three.             In the first round, plaintiffs received an arbitration award of $30,000,000 in compensatory and punitive damages. 

Arbitration: “Award” For Arbitration Correction Purposes Depends On Whether Every Aspect Of A Dispute Is Resolved, With Post-Arbitration Judicial Proceeding Fees Allowable

Cases: Arbitration

Breadth Of Fees Clause Sustained The Post-Arbitration Judicial Fees.             In Lonky v. Patel, Case No. B295314 (2d Dist., Div. 2 July 2, 2020) (published), the Second District had to consider two issues:  what is an arbitration final “award” for purposes of jurisdictional correction purposes and are post-arbitration judicial proceeding fees to the prevailing party

Arbitration: $87,136.42 Final Arbitration Award—Most Of It Attorney’s Fees—Affirmed On Appeal

Cases: Arbitration

Trope Waiver OK Between Sophisticated Parties (But Fees Were Not Awarded For Self-Representation Anyway), With Arbitrator Not Being Bound By Prevailing Party Statutory Test And Not Having To Allocate Between Contract/Tort Claims.             In Flint v. Koslyn, Case No. B289997 (2d Dist., Div. 7 June 16, 2020) (unpublished), former attorney/tenant of a client/landlord entered into

Arbitration: Arbitration Award Of $125,795.50 In Attorney Fee and $36,423.02 In Costs Against Subcontractor Achieving A Damages Award Of Only $5,582.59 Out Of Requested $272,548.19 Affirmed On Appeal

Cases: Arbitration

Under Moncharsh, Merits Rulings Are Generally Beyond Appellate Review.             We have often posted on arbitral finality and the limitations on judicial review over arbitration awards in the majority of cases based on Moncharsh v. Heily & Blase, 3 Cal.4th 1 (1992).  Such is the situation with the next case.             Volpe Co.

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