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 […]
Weiler v. Marcus & Millichap Real Estate Services Is A Case In Which The Party's Ability To Pay Arbitration Fees Must Be Taken Into Account. Weiler v. Marcus & Millichap Real Estate Investment Services, Inc., G053953 (4th Dist. Div. 3 April 30, 2018) (published) is the subject of a May 1, 2018 post
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
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
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 Fiscal Funding Co., Inc. v. Dones, Case No. A146377 (1st Dist., Div. 3 Feb. 27, 2018) (unpublished) was quite an arbitration battle in which the Claimants lost a motion to disqualify their attorney as well as
Swing In This One Was Around $500,000. Swing. Theodor Horydczak, photographer. 1937. Library of Congress. We have many times commented on the discretion given to arbitrators to decide the merits of disputes, including fees and costs awards. Dyna, LLC v. GreatCall, Inc., Case No. D071003 (4th Dist., Div. 1 Oct. 10, 2017) (unpublished) is
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 In Schwartz v. Schwartz, Case No. D071445 (4th Dist., Div. 1 Sept. 15, 2017) (unpublished), family members (the Schwartzs) got into a squabble, with William Schwartz winning against Joel Schwartz after a contested arbitration.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
Case Concerns How An Arbitration Party Preserves Ability To Obtain Fees And Costs Under CCP § 998, Whether From Arbitrator And/Or Trial Judge On June 14, 2017, we posted on Heimlich v. Shivji, 12 Cal.App.5th 152 (2017). We can now report that the California Supreme Court granted review of this case, assigning it Case
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
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)
