Cases: Arbitration

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             In Schwartz v. Schwartz, Case No. D071445 (4th Dist., Div. 1 Sept. 15, 2017) (unpublished), family members (the Schwartzs) got into a squabble, with William Schwartz winning against Joel Schwartz after a contested arbitration.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 G052704/G052984 (4th Dist., Div. 3 June 29, 2017) (unpublished), landlord brought an unlawful detainer action against tenant (one of landlord’s owners)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

Appealability/Arbitration: Plaintiff Successfully Defeating Petition To Compel Arbitration In Ongoing Matter Prematurely Appealed Lower Court’s “Without Prejudice” Denial Of Fee Request

Cases: Appealability, Cases: Arbitration

  Fee Request Can Be Renewed If Someone Prevails, With Appellate Court Distinguishing Or Criticizing Other Decisions Suggesting Otherwise.     In Chan v. Delta Dental of California, Case No. A139739 (1st Dist., Div. 4 Feb. 17, 2017) (unpublished), Plaintiff successfully thwarted a defense motion to compel arbitration and then moved to recover her fees for success,

Arbitration/Sanctions: $17,000 Trial Court Sanctions Order Against Defendant Failing To Pay Arbitration Fees Reversed And Remanded

Cases: Arbitration, Cases: Sanctions

  Sanctions Order Did Not Have Adequate Specificity.      Idewu v. Clark, Case No. B266573 (2d Dist., Div. 3 Jan. 24, 2017) (unpublished) is a situation where a trial judge likely was somewhat irked by the conduct of a defendant successfully moving to compel arbitration. After the matter was moved to arbitration, the arbitration proceeded

Arbitration: Co-Contributor Marc’s Article On “The Politics Of Arbitration” Appears In The Current Volume Of California Litigation, The Journal Of The State Bar

Cases: Arbitration, Off Topics

One More “Hot Button Issue” For The Courts . . .         Co-contributor Marc Alexander, who publishes the blog California Mediation and Arbitration,  explains in the latest volume of California Litigation, that arbitration has become one more "hot button issue" for the U.S. Supreme Court Justices to disagree about.  The article is republished here with

Arbitration/Requests For Admission: Substantial RFA Costs-Of-Proof Sanctions Awarded By Arbitrator Correctly Not Confirmed As A Judgment

Cases: Arbitration, Cases: Requests for Admission

  Arbitration Submission Agreement Did Not Envision Fees And Costs At All.     An arbitrator in Centinela-Freeman Emergency Med. Associates v. Hispanic Physicians IPA Med. Corp., Case No. B258015 (2d Dist., Div. 1 Dec. 8, 2016) (unpublished) awarded request for admission costs-of-proof sanctions under CCP § 2033.420.  No trifling amount was awarded, because the RFA

Scroll to Top