Cases: Arbitration

Appeal Sanctions, Arbitration: $55,764.40 Fee Award By An Arbitrator In Defective Car Case Could Not Be Reviewed On The Merits

Cases: Appeal Sanctions, Cases: Arbitration

Appeal Sanctions Was Not Imposed For Frivolous Appeal Because Respondent’s Request Was Patently Excessive.             Justice Goethals, in Housen v. Ultimate Autoline, Case No. G055878 (4th Dist., Div. 3 June 10, 2019) (unpublished), reminds litigants and practitioners that the merits of arbitrator’s decisions are by and large not reviewable and that the arbitrator has limited […]

Arbitration, Section 998: California Supreme Court Announces Bright-Line Rule For Presentation of Rejected CCP § 998 Offers To Arbitrators—Within 15 Days After Issuance Of Final Award

Cases: Arbitration, Cases: Section 998

However, Arbitrator Still Has Wide-Ranging Discretion To Allow Costs-Shifting Or Not.             The California Supreme Court, in Heimlich v. Shivji, Case No. S243029 (Cal. Supreme Court May 30, 2019), in a 7-0 opinion authored by Justice Corrigan, established a bright-line rule for presentation of a rejected CCP § 998 offer to an arbitrator for fee/cost-shifting

Arbitration: Arbitration Claimants Losing Real Estate Dispute With Different Respondents Could Not Obtain Review Of Arbitrator’s Rulings By Which $1.3 Million In Adverse Fee Awards Were Granted

Cases: Arbitration

Merits Of Fee Rulings Were Beyond Review.             As we have posted on many occasions, contractual interpretation or merits rulings are generally beyond trial court or appellate review in a vast majority of situations under Moncharsh v. Heily & Blaise, 3 Cal.4th 1, 11-12, 33 (1992).  The arbitrator, in a real estate dispute, found against

Arbitration, Ethics: Ethics Lapse Not Violating Any Rules Of Professional Conduct Did Not Disqualify Law Firm From Collecting Unpaid Receivable

Cases: Arbitration, Cases: Ethics

However, Arbitrator’s Decision Not To Award Almost $1 Million In Arbitration Fees Based On Trope Prohibition Was Nonreviewable “Arbitrator Judgment Call.”             In eGumball, Inc. v. Call & Jensen, et al., Case Nos. G055852 and G055989 (4th Dist., Div. 3 May 17, 2019) (unpublished), a well-known Orange County law firm initiated arbitration to collect unpaid

Arbitration, Section 998: 2/2 DCA Affirms Denial Of All But $60 Post-Confirmation Award Filing Cost To Prevailing Arbitration Claimant

Cases: Arbitration, Cases: Section 998

Rejected CCP § 998 Offer Did Not Change The Result, Because Claimant Did Not Ask Arbitrator To Cost Shift And Failed To Show Contractual Expenses Were Post-Offer In Nature.             In Lipton & Margolin, APC v. Ko, Case No. B288038 (2d Dist., Div. 2 February 7, 2019) (unpublished), former law firm sued client for $39,455.45

Arbitration: 2/7 DCA Decides, Absent Clearly Worded Arbitration Submission, That Arbitrator Refusing To Award Contractual Fees To Prevailing Party Can Do So Without Fearing Reversal

Cases: Arbitration

Appellate Court Follows Safari Over DiMarco, Although Reversing Denial Of Postarbitration Fees To Prevailing Party In Superior Court Proceedings.             The Second District, Division 7, in Cohen v. TNP 2008 Participating Notes Program, LLC, Case No. B266702 (2d Dist., Div. 7 Jan. 29, 2019; posted Jan. 30, 2019) (published) dealt with a situation where a

Arbitration, Prevailing Party: Party Defeating Petition To Compel Arbitration, The Only Contractual Claim, Was Entitled To Fee Recovery Despite No Completed Arbitration On The Noncontract Claims

Cases: Arbitration, Cases: Prevailing Party

Finality Was Present With Respect To The One Contractual Issue, Justifying Civil Code Section 1717 Recovery.             In an earlier published decision, general contractor was found to have waived the right to compel arbitration in construction defect and mechanic’s lien cases which ultimately were consolidated. The winning party on the arbitrability dispute, the only contractual

Arbitration: Arbitrator’s Decision On Awarding Fees To One Party On One Dispute And Denying To Same Party Another Dispute No Abuse Of Discretion

Cases: Arbitration

Moncharch Discretion To Arbitration Decisions Ultimately Prevailed.             No huge recitation of the facts or conclusion is required in Axten v. Axten, Case No. D073089 (4th Dist., Div. 1 Oct. 30, 2018) (unpublished). What basically happened was that one party obtained an arbitration award of $94,972 in attorney’s fees under a settlement agreement fees clause

Arbitration: Arbitrator Award Of Incremental Attorney’s Fees And Costs After Merits Award Was Proper, Plus Superior Court Did Not Err By Awarding Additional Post-Confirmation Fees And Costs To Prevailing Arbitration Party

Cases: Arbitration

Fee Clause Interpretation By Arbitrator, Even If Incorrect, Was Unreviewable In Nature.             Arbitration is in vogue, but it gives tremendous discretion to the arbitrator and, in most instances, the awards are not reviewable even if factually and/or legally erroneous in nature.             Engel & Engel, LLP v. DeLong, Case No. B279576 (2d Dist., Div. 2

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