Cases: Arbitration

Arbitration/Reasonableness Of Fees:  Attorney Won Arbitration Award Against Former Client For $78,154.49 In Unpaid Fees, Plus $126,406.25 In Fees And $36,681.57 In Costs For Arbitration Success, Plus $133,362.50 For Having To File Motion To Compel Arbitr

Cases: Arbitration, Cases: Reasonableness of Fees

Case Demonstrates How Fees/Costs Easily Can Outstrip Base Compensatory Award.             Attorney had to sue a former client for unpaid bills, invoking an arbitration clause in the initial retainer agreement.  One of the key issues was whether that initial retainer agreement was orally modified by the parties’ conduct to encompass later matters, with the proof […]

Arbitration/Costs:  Subsequently Confirmed Judgment Involving Costs Award Separate From Prior Merits Judgment Did Not Violate “One Final Judgment” Rule  

Cases: Arbitration, Cases: Costs

  Appellate Court Found Incremental Award Process Appropriate Under The Circumstances.             In EHM Productions, Inc. v. Starline Tours of Hollywood, Inc., Case No. B281594 (2d Dist., Divl 2 Mar. 28, 2018) (published), respondent in an arbitration obtained an arbitration award requiring appellant to defend respondent in a lawsuit brought by appellant’s bus drivers, which

Arbitration/Section 1717:  Attorney’s Fees Incurred In Disqualification Motion And Other Associated Motions Before Arbitrator And Trial Court Properly Were Awarded To The Defense

Cases: Arbitration, Cases: Section 1717

Defense Did Prevail Because Arbitration Was Dismissed For Failure To Prosecute After Plaintiffs Failed To Pay Arbitration Fees.             Fiscal Funding Co., Inc. v. Dones, Case No. A146377 (1st Dist., Div. 3 Feb. 27, 2018) (unpublished) was quite an arbitration battle in which the Claimants lost a motion to disqualify their attorney as well as

Arbitration:  Losing Litigant In Arbitration Forfeited Illegality Challenge To Oregon Counsel Fees Where Issue Not Raised Before Arbitrator And Only Raised First Time In Reply Brief In Support Of Motion To Vacate Arbitration Award

Cases: Arbitration

Timeliness Of Challenges Highlighted In This One.             In Schwartz v. Schwartz, Case No. D071445 (4th Dist., Div. 1 Sept. 15, 2017) (unpublished), family members (the Schwartzs) got into a squabble, with William Schwartz winning against Joel Schwartz after a contested arbitration.  The rub, and there usually is one from our perspective, is an attorney’s

Arbitration: Post-Arbitration Attorney’s Fees Denial Affirmed In Complicated Arbitration Context

Cases: Arbitration

Reversal By Appellate Court AND Opposition’s Own Positions Sealed The Propriety Of Post-Arbitration Fee Request Denial.               Harshad & Nasir Corp. v. Global Sign Systems, Case Nos. B269427 et al. (2d Dist., Div. 1 Aug. 15, 2017) (published) is an interesting case involving arbitral review, scope of issues under an arbitration agreement, statute of

Arbitration/Prevailing Party: Landlord Only Obtaining 5% Of Requested Damages And Voluntarily Obtaining Possession From Tenant After Contractual Termination Correctly Decided To Not Be The Prevailing Party

Cases: Arbitration, Cases: Prevailing Party

Trial Judge Correctly Decided Fee Entitlement Issue Which Was Left To The Court For Resolution By The Arbitrator.             In Newport Harbor Offices & Marina, LLC v. Kent A. McNaughton and Associates, Case Nos. G052704/G052984 (4th Dist., Div. 3 June 29, 2017) (unpublished), landlord brought an unlawful detainer action against tenant (one of landlord’s owners)

Arbitration/Section 998: Appellate Court Provides Guidance On How To Request 998 Fee/Costs Shifting From The Arbitrator Before Merits Determination

Cases: Arbitration, Cases: Section 998

    Basic Lesson Is That Request Can Be Made After Merits Determination, With No Pre-Merits “Notice Alert” To Arbitrator Being Necessary.               Heimlich v. Shivji, Case No. H042641 (6th Dist. May 31, 2017) (published) is a significant appellate decision specifying how a litigant in an arbitration proceeding preserves the ability to obtain recovery

Arbitration/Prevailing Party: Parties Beating Back Arbitration Resolution Of Dispute, Which Was Transferred To Other Pending Court Cases, Correctly Denied Fees Based On Prematurity

Cases: Arbitration, Cases: Prevailing Party

  DisputeSuite Recent California Supreme Court Decision Supported The Result.      In Ahern v. Asset Management Consultants, Inc., Case No. B271851 (2d Dist., Div. 7 May 22, 2017) (unpublished), parties successfully challenging an adverse result on the basis it was not arbitrable later sought $465,000 in attorney’s fees even though the merits dispute was

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