Arbitrator Finality Was “Trumped” By Clause Not Permitting Legal/Factual Errors. In Cardiology Specialists Medical Group, Inc. v. Rangappa, Case No. D069092 (4th Dist., Div. 1 Mar. 30, 2016) (unpublished), doctor and his former employer arbitrated a dispute about who paid for return of a monetary advance, sign-on bonus, and start-up expenses in an […]
Plaintiff Winning Meal Periods Claim Not Entitled To Fees, But Entitled To Routine Costs. In the last few months, there have been several cases interpreting the public policy exception to arbitral finality. Ling v. P.F. Chang’s China Bistro, Inc., Case No. H039367 (6th Dist. Mar. 25, 2016) (published) is another one on this
Substantive Claims Were To Be Arbitrated, But Prior Discovery Disputes Before Motion To Compel Granted Remained In Superior Court. In Vlahopouliotis v. Vallarta Properties, LLC, Case No. G069832 (5th Dist. Feb. 1, 2016) (unpublished), plaintiff did win a motion to compel arbitration of substantive claims under a settlement agreement, but lost preexisting discovery
Trial Court Approved Arbitration Award Involving Contract Against Public Policy, So Remanded To Determine When Actual Conflict Arose. Everyone thinks that there is little hope of appealing arbitration awards. However, that is not true where the underlying claim rests on a contract which is illegal or against public policy. A client’s former
Striking Fees Was Not Discrete Proceeding Allowing For Recovery. In Cooper v. Lavely & Singer, Case No. B261936 (2d Dist., Div. 4 Oct. 22, 2015) (unpublished), L&S won the merits of an arbitration case, but Cooper was successful in striking an arbitrator fee award in post-confirmation proceedings although the rest of the merits
Award of Arbitration Costs Was Affirmative Relief Violating Automatic Stay, With Striking Of Costs Award But Affirmance Of Merits Award Being The End Results. In Hilton v. Allcare Medical Mgt., Inc., Case No. B253984 (2d Dist., Div. 1 Sept. 25, 2015) (unpublished), former employee lost an arbitration to former employer, but then declared
Bill To Governor Jerry Brown, Attempting To Curtain Mandatory Employment Arbitration/Class Waiver Situations, Has Fee Shifting. AB465 has drawn a lot of press. It is a California bill designed to end mandatory workplace arbitration; it has passed the Legislature and awaits Governor Jerry Brown’s decision. If he vetoes by October 11, 2015, it
$4,602,229.07 Fees And Costs Awarded By Arbitrator To Prevailing Party Winning $8 Million In Damages. Co-contributor Marc, for the last few years, has been doing posts on his independent California Mediation and Arbitration blog. One thing that has resonated with co-contributor Mike is that the chosen arbitrator has lots of discretion in adjudging
Reason Is That They Were Not Parties To The Purchase Agreement With A Fees Clause. Defendants must have been very disappointed, after winning an arbitration award which was confirmed as a judgment and after winning attorney’s fees of $13,465 based on a fees clause in a purchase agreement involved in the arbitration, when
Fees On Legal Malpractice For Former Attorneys Are $659,047 And Cross-Claims Recovery Is $227,420. In a case where “[t]he facts underlying this appeal are much more interesting than most facts we see on appeal,” the appellate court in Chapman v. Bollard, Case No. G049579 (4th Dist., Div. 3 Aug. 11, 2015) (unpublished) confronted
