Arbitrator Decisions Get a Lot of Deference. HP Production, Inc. v. McDonald, Case No. B252175 (2d Dist., Div. 4 Aug. 5, 2014) (unpublished) is a case where a former nanny for Adam Sandler’s children lost an arbitration by which she had to disgorge money paid under a former confidential settlement and was hit […]
Arbitration Fee Clause Broad Enough to Encompass Torts, and Trope Waiver Clause Enforced For Judicial Confirmation Recovery Fees By Law Firm Personnel. This next 2-1 decision, Quinn Emanuel Urquhart & Sullivan v. Kurtin, Case No. B250245 (2d Dist., Div. 5 Jul. 28, 2014) (unpublished), is an interesting one involving affirmance of an arbitration
1/1 DCA Reverses Lower Court’s Unconscionability Determination Below. In Galen v. Redfin Corp., Case No. A138642 (1st Dist., Div. 1 July 21, 2014) (published), a lower court found unconscionable an arbitration provision in an employment contract under California law. The appellate court reversed, finding the FAA applied and disagreeing that the provision was
Problem Was That Arbitrator Could Construe Settlement Agreement, While Probate Court Could Control Arbitrator Appointment Issues. This is a case where a trust beneficiary in Estate of Buser Trust, Case No. Do63381 (4th Dist., Div. 1 July 3, 2014) (unpublished) somewhat stepped into litigation “goo,” especially where both a probate court and arbitrator were
Merits Were Yet To Be Decided. Cellphone Termination Fee Cases, Case Nos. A136818 and A138424 (1st Dist., Div. 5 June 24, 2014) (both unpublished) were situations where plaintiff successfully opposing a petition to compel arbitration by Sprint obtained very substantial trial and appellate fees for prevailing at this “interim” stage of the overall
No Clear Fee Entitlement In This One. Individual who was deleted from an arbitration award, because he was neither served nor consented to an arbitration, was frustrated because the lower court denied him fees under an arbitration agreement provision and AAA Rules in Fujian Peak Group, Inc. v. Huang, Case No. D063296 (4th
Trope Prohibition Not in Play Because Suing Attorneys Used Independent Contractors, Not Associates, to Prosecute Case. The opinion in Rothman v. Deshay, Case No. B245075 (2d Dist., Div. 4 May 13, 2014) (unpublished) gives guidance on how attorneys prosecuting or defending themselves in litigation can use other attorneys and avoid the Trope prohibition
The Arbitrator’s Award Assessing Fees, Costs, And Expenses Ran Only Against The Attorney, Not The Client The highly deferential standard of review given to an arbitrator’s award, encompassing as it does the arbitrator’s resolution of questions of law or fact, largely explains the result in Kaufman v. Diskeeper Corporation, B247315 (2nd Dist. Div. 4
Arbitral Finality Rule Violated, If Trial Court Could Award Arbitration Fees Never Conferred By Arbitrator. FEHA plaintiff was forced to arbitrate her case, but was “defensed” in the arbitration although the arbitrator did not assess any attorney’s fees or costs against her. However, the defense moved to recover fees and costs, with the
Losing Party Played It Well All Along the Way. Looks like the appellate courts have been facing a lot of post-judgment enforcement fee issues lately, as recent posts have demonstrated. Here is another one to add to the list. Horath v. Hess, Case Nos. D063124/D063709 (4th Dist., Div. 1 Apr. 10, 2014)
