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 In Lipton & Margolin, APC v. Ko, Case No. B288038 (2d Dist., Div. 2 February 7, 2019) (unpublished), former law firm sued client for $39,455.45 […]
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
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
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of the facts or conclusion is required in Axten v. Axten, Case No. D073089 (4th Dist., Div. 1 Oct. 30, 2018) (unpublished).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
Sovereign Immunity Issue Did Not Divest Lower Court Or Require A Stay For Multiple Reasons. For any practitioners having to sue an American Indian tribe, sovereign immunity is a crucial issue. It must be waived in some manner; if not, there may be no recovery no matter how bad the equities are. Well, we
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
Most Of Arbitration And Fees Were Sustained Except For A Remand To Arbitrator On Unwaivable Nonallowance Of Wage/Hour Fees To Employer Unless Employee’s Claims Brought In Bad Faith. In Dorne v. Vascular and Interventional Specialists, Case No. G054213 (4th Dist., Dist. 3 Aug. 27, 2018, received for posting Aug. 28, 2018, unpublished), a medical
Fitbit Did Finally Agree To Arbitrate, But Only After District Judge Expressed Concerns Over Its Litigation Conduct, Which Will Result In Some Amount Of Sanctions And Other Prospective Actions Ordered By District Judge. Arbitration frequently is invoked by defendants because of the perception that it is more user friendly in many types of cases,
Losing Plaintiff Claimed Arbitration Award Was “Manifest Disregard Of Law,” But This Was A Federal Standard Rather Than The More Limited State Standard Applicable To Review Of Arbitration Awards. HUB International Ins. Services v. Morales, Case No. E067095 (4th Dist., Div. 2 June 14, 2018) (unpublished) was an imbroglio involving non-interference, non-solicitation, confidential disclosure,
Otherwise, Fees/Costs Recovery Could Be Forfeited; Best Is To Ask For An Interim Award On Merits And Reserve Other Issues For Later Interim Award. The next case really is a stark reminder to litigators to make sure an arbitrator reserves fees and costs issues for decision in a subsequent interim award after an interim award
