Opinion Held That A Prevailing Party In A Discrete Proceeding To Obtain A Replacement Arbitrator Is Entitled To Contractual Attorney’s Fees Award. On December 22, 2025, we posted on Barbanell v. Lodge, Case No. D081493 (4th Dist., Div. 1 Dec. 17, 2025), which was unpublished at the time. It held that a prevailing party in […]
Employer Paid Expenses 7 Days Late. The 2/6 DCA, in line with other intermediate appellate courts, remanded a decision not excusing an employer from paying arbitration expenses within 30 days, in Doe v. Lawyers for Employee and Consumer Rights, Case No. B330052 (2d Dist., Div. 6 Dec. 23, 2025) (unpublished), referencing Hohenshelt, 18 Cal.5th 310.
Circumstances Did Not Fall Into “Legally Dispositive Facts” Vacatur Principle. In VIP Mortgage Incorporated v. Gates, No. 24-7624 (9th Cir. Dec. 22, 2025) (published), a vacatur request was denied where an arbitration award granted attorney’s fees and costs to a plaintiff on the defense’s counterclaims even though the parties had stipulated that fees and costs
Prematurity Arguments Were Rebuffed. In Barbanell v. Lodge, Case No. D084193 (4th Dist., Div. 1 Dec. 17, 2025) (unpublished), the parties entered into a settlement agreement to resolve a longstanding water rights dispute, with the settlement agreement having an attorney’s fees clause allowing a prevailing party in a lawsuit arising out of the settlement to
Concurring Justice Suggests That Discovery Might Be Appropriate For Scrutiny Of Employer’s Failure To Timely Pay. Howard v. Koulax Enterprises, Case No. B335329 (2d Dist., Div. 5 Dec. 16, 2025) (unpublished) is yet another appellate decision remanding a case to the lower court after an employer litigant failed to timely pay arbitration expenses, with the
Remand Was To Determine If Employer Had An Excuse For Untimely Payment And Whether Employee Suffered Compensable Harm. Our local Santa Ana appellate court, in Pontes v. Intelliloan, Inc., Case No.. G064585 (4th Dist., Div. 3 Dec. 16, 2025) (unpublished), has joined an emerging majority of appellate courts in remanding, post-Hohenshelt v. Superior, 18 Cal.5th
Facts Are Not Clear Cut To Require A Reversal As A Matter Of Law As In Recent 2/1 DCA Wilson Opinion. We accurately did predict that, post-Hohenshelt, many trial court decisions would be remanded to see if the employer had reasonable excuses to make untimely arbitration payment of expenses under CCP § 1287.97. That prediction
Arbitrator Was The One Who Had To Do So, With The Presumption Being Costs Were Disallowed. Garrett & Tully, P.C. v. Aliso Properties, LLC, Case No. B332463 (2d Dist., Div. 3 Dec. 9, 2025) (unpublished) was a situation where a lower court, in an arbitration award confirmation proceeding, awarded costs relating to the arbitration where
We Predicted That These Cases Would Be Remanded To Have Lower Courts Determine If There Was A Legitimate Excuse For The Delayed Payment. Hohenshelt v. Superior Court, Case No. B327524 (2d Dist., Div. 8 Nov. 10, 2025) (unpublished) was the granddaddy case which resulted in a California Supreme Court case on employers not making
However, The 4/3 DCA Reversed And Remanded For The Trial Court’s Determination As To Whether Employer’s Failure To Timely Pay Arbitration Fees Should Be Excused Pursuant To Hohenshelt. In Springs v. SBM Site Services, Case No. G063924 (4th Dist., Div. 3 October 23, 2025) (unpublished), the trial court vacated its prior order compelling arbitration because
