Cases: Arbitration

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      In Ahern v. Asset Management Consultants, Inc., Case No. B271851 (2d Dist., Div. 7 May 22, 2017) (unpublished), parties successfully challenging an adverse result on the basis it was not arbitrable later sought $465,000 in attorney’s fees even though the merits dispute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     In Chan v. Delta Dental of California, Case No. A139739 (1st Dist., Div. 4 Feb. 17, 2017) (unpublished), Plaintiff successfully thwarted a defense motion to compel arbitration and then moved to recover her fees for success,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      Idewu v. Clark, Case No. B266573 (2d Dist., Div. 3 Jan. 24, 2017) (unpublished) is a situation where a trial judge likely was somewhat irked by the conduct of a defendant successfully moving to compel arbitration.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

Arbitration: Arbitrator’s Refusal To Award Fees To Prevailing Party, Where Prevailing Party Did Not Move To Correct Or Appeal Court Determination Not Awarding Fees, Affirmed On Appeal

Cases: Arbitration

  Trial Judge Properly Concluded She Did Not Have Jurisdiction To Award Fees Under Unique Circumstances.     In a case where the arbitrator and court tossed an attorney’s fees request like a “hot potato,” the prevailing party eventually lost a challenge to obtain fees for not trying to get before the arbitrator or appealing the

Arbitration: Arbitrator’s Failure To Award Fees To Prevailing Party, Despite Mandatory Fee Clauses, Was Not Erroneous

Cases: Arbitration

  You Agree To Arbitrate, You Take What The Arbitrator Gives You.     Tenant winning an arbitration against landlord under a commercial lease, containing arbitration and attorney’s fees clauses, was miffed when the arbitrator also determined that each party was to bear its own costs and fees.  Tenant appealed in Setareh v. Bierer, Case No.

Arbitration/Prevailing Party: Former Employer Of Highly Compensated Former Executive, Prevailing Party In Arbitration, Properly Awarded Attorney’s Fees Of $3.25 Million And Costs Of Almost $357,000

Cases: Arbitration, Cases: Prevailing Party

  Who Says Arbitration Cannot Be Costly?  Not Us.     This next illustrates that arbitrations can be costly affairs.     In Kent v. The Wine Group, LLC, Case No. A145104 (1st Dist., Div. 1 Aug. 19, 2016) (unpublished), former CEO who did grow the company in extraordinary fashion filed an arbitration demand against his former

Arbitration/Retainer Agreements: July 2016 Issue Of “Orange County Lawyer” Has Interview With Orange County Bar Association’s Mandatory Fee Arbitration Committee Co-Chairs

Cases: Arbitration, Cases: Retainer Agreements

  Eric S. Blum And David J. Hesseltine Provide Some Tips On What Fee Arbitrators Focus On In Mandatory Fee Arbitrations.       Under the Mandatory Fee Arbitration Act (Bus. & Prof. Code, § 6200 et seq.), attorneys and clients must first arbitrate a fee dispute through a local county bar’s fee arbitration process unless that

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