Cases: Arbitration

Arbitration: 2/6 DCA Remands Employer’s Failure To Timely Pay Arbitration Expenses Post-Hohenshelt To See If Employer Had Plausible Excuses

Cases: Arbitration

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within 30 days, in Doe v. Lawyers for Employee and Consumer Rights, Case No. B330052 (2d Dist., Div. 6 Dec. 23, 2025) (unpublished), referencing Hohenshelt, 18 Cal.5th 310. […]

Arbitration: Where Parties Failed To Remind Arbitrator About Stipulation To Bear Fees/Costs, Subsequent Award Of Fees To Plaintiff In The Arbitration Was Not Subject To Vacatur

Cases: Arbitration

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

Arbitration, Section 1717: Prevailing Party Winning A Petition To Appoint An Arbitrator In A Discrete Action Under The Parties’ Contract Was Entitled To Recover $68,800 In Fees For Getting An Arbitrator Appointed

Cases: Arbitration, Cases: Section 1717

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 In Barbanell v. Lodge, Case No. D084193 (4th Dist., Div. 1 Dec. 17, 2025) (unpublished), the parties entered into a settlement agreement to resolve a longstanding water rights dispute, with the settlement agreement having an attorney’s fees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

Arbitration: 2/5 DCA Remands Employer Untimely Payment Dispute To The Trial Court To See If Employer’s Excuse Fell Within Hohenshelt

Cases: Arbitration

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 Howard v. Koulax Enterprises, Case No. B335329 (2d Dist., Div. 5 Dec. 16, 2025) (unpublished) is yet another appellate decision remanding a case to the lower court after an employer litigant failed to timely pay arbitration expenses, with the

Arbitration: 4/3 DCA Joins An Emerging Appellate Majority In Remanding Arbitration Nonpayment Decisions After Hohenshelt Decided

Cases: Arbitration

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

Arbitration: Trial Court, On An Arbitration Award Confirmation Petition, Erroneously Included Arbitration Costs Where Arbitrator Did Not Award Them Before Issuance Of The Arbitration Award

Cases: Arbitration

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

Arbitration:  Hohenshelt, The Granddaddy Case, Remanded To See If There Was A Plausible Excuse For Defendant Employer’s Failure To Timely Pay Arbitration Expenses And Whether The Delay Caused Harm To Plaintiff Employee

Cases: Arbitration

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

Arbitration, Employment, Sanctions: Trial Court Correctly Determined That Employer Breached Parties’ Arbitration Agreement By Failing To Timely Pay Arbitration Fees Where Employer Argued 30-Day Deadline Was Never Triggered Because Employer’s Counsel, Not Employer, Was Served With The Arbitration Invoice

Cases: Arbitration, Cases: Employment, Cases: Sanctions

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

Arbitration, Employment, Sanctions: Trial Court’s Grant Of 1281.98 Motion To Return Case To Court When Employer Failed To Pay Arbitration Fees Within 30 Days And Award Of Related Monetary Sanctions Reversed On Appeal

Cases: Arbitration, Cases: Employment, Cases: Sanctions

Section 1281.98 Was Inapplicable Because The Arbitration Agreement Was Governed By The Provisions Of The Federal Arbitration Act. In Howitson v. Evans Hotels, Case No. D085078 (4th Dist., Div. 1 October 20, 2025) (unpublished), defendant employer failed to pay an arbitration retainer within 30 days, leading Plaintiff to successfully move under CCP section 1281.98 of

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