Cases: Arbitration

Arbitration: Arbitration Panelist Having Lawyers Versus Lawyers Practice Did Not Have To Disclose Fact In Mandatory Fee Arbitration Proceeding

Cases: Arbitration

  Justice Rubin, In A Long Dissent, Concludes Otherwise.      Safarian Choi & Bolstad, LLP v. Minassian, Case No. B262526 (2d Dist., Div. 8 Apr. 7, 2016) (unpublished) involved an ex-client who lost a mandatory fee arbitration to his ex-attorneys. Among other challenges to the arbitration award, ex-client raised the argument that the arbitration panel […]

Arbitration: Trial Judge Properly Jettisoned Arbitrator Fee Award Because No Fee Clause In Operative Arbitration Agreement

Cases: Arbitration

  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      In Cardiology Specialists Medical Group, Inc. v. Rangappa, Case No. D069092 (4th Dist., Div. 1 Mar. 30, 2016) (unpublished), doctor and his former employer arbitrated a dispute about who paid for return of a monetary advance, sign-on bonus, and start-up expenses in an

Arbitration/Employment: Arbitration Award Of Fees Against Employee Losing Overtime Claim Properly Vacated Under Public Policy Exception To Arbitral Finality

Cases: Arbitration, Cases: Employment

  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

Arbitration/Discovery/Sanctions: Discovery Sanctions A Little Shy Of $6,500 Affirmed Against Plaintiff For Discovery Disputes Not Arising Out Of An Arbitration

Cases: Arbitration, Cases: Discovery, Cases: Sanctions

  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 Feb. 1, 2016) (unpublished), plaintiff did win a motion to compel arbitration of substantive claims under a settlement agreement, but lost preexisting discovery

Arbitration/Ethics/POOF!: $1.3 Million Judgment Based On Arbitration Award Goes Away Because Former Attorneys Violated CRPC Rule 3-310

Cases: Arbitration, Cases: Ethics, Cases: POOF!

  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

Arbitration, Prevailing Party, Section 1717: Litigant Striking Fee Award From Arbitration Award, Although Losing On The Merits, Was Not Prevailing Party For Fee Recovery Purposes

Cases: Arbitration, Cases: Prevailing Party, Cases: Section 1717

  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

Arbitration/Bankruptcy/Costs: Second District, Division 1 Strikes Costs Award Entered Against Chapter 13 Bankrupt Losing Party

Cases: Arbitration, Cases: Bankruptcy Efforts, Cases: Costs

  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

Arbitration: Case Illustrates That Fee Awards Can Be Substantial In Cases Involving Hefty Compensatory Damage Exposure

Cases: Arbitration

  $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

Arbitration/Fee Clause Interpretation: Defendant Nonsignatories Prevailing In Arbitration, Which Arbitration Award Was Reversed In Earlier Appeal, Also Not Entitled To Attorney’s Fees Award

Cases: Arbitration, Cases: Fee Clause Interpretation, Cases: Nonsignatories

  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

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