Holding Somewhat Came to the Same Result as Watson v. Knorr, But Based On Uniquely Worded Settlement Agreement Fees/Cost Clauses. “Like spectators at a sporting event with a beach ball, some litigators manage to keep an action bouncing along in the air indefinitely,” is the beginning sentence in De Sena v. Richert, Case […]
However, Matter Remanded Because Judicial Confirmation Proceedings Costs Were Recoverable and Erroneously Not Awarded. Watson v. Knorr, Case No. H036430 (6th Dist. May 13, 2013) (unpublished) is a case where plaintiffs won a $1.1 million arbitration award “plus costs under the Code of Civil Procedure.” Plaintiffs never submitted costs issues to the arbitrator,
$50,000 Arbitration Fee Award Likely Will Get Increased on Remand. In American State University v. Kiemm, Case No. B242766 (2d Dist., Div. 5 Apr. 29, 2013) (unpublished), plaintiffs prevailed in a contractually-mandated arbitration, winning an arbitration award of $900,000 in compensatory damages, $500,000 in punitive damages, and $50,000 in attorney’s fees in a
Defendant Was Neither a Party to the Property Owner-HOA Settlement Nor Resulting Arbitration. Owner hired contractor to convert a hotel it owned into apartments and retail space. A few years later, the apartments were converted to condos and sold to the public, with an HOA being formed. Owner had to disclose certain construction
Failure to File a Motion to Compel Arbitration Was Fatal. Losers in Duke Kelso Constr. v. Silva, Case No. H036879 (6th Dist. Mar. 26, 2013) (unpublished) must have felt good about their chances on appeal under a broadly worded fees clause, where the winner litigated rather than pursued contractually-mandated arbitration. The problem was
Both Lower and Appellate Courts Sustained Arbitrator Denial of Statutory Costs. You gotta be careful who you choose as an arbitrator, because they can decide disputes based on equity and fairness (not just dry law) and their decisions are normally inscrutable at other levels. That reality sunk in for the arbitration winner
Bolgar v. Glen Donald Apartments, Inc., Case No. B241636 (2d Dist., Div. 1 Feb. 26, 2013) (Unpublished). Although challenging a $71,934.65 fee award as an abuse of discretion, appellant did not go very far based on an inadequate record. None of the fee motion papers were included on appeal, so that the appellate
Marik v. University Village, LLC, Case No. B236248 et al. (2d Dist., Div. 3 Feb. 19, 2013) (unpublished) involved a situation where nine defendants were awarded collective $130,137.50 attorney’s fees after successfully defending a prior appeal where an arbitration award was affirmed (inclusive of arbitral fee recovery). Plaintiff appealed. Plantiff did well
Witness Fees Issue Should Have Been Presented to Arbitrators, Not to Trial Court in Post-Award Confirmation Stage. Wells Fargo Advisors, LLC v. Fenandez, Case No. E055058 (4th Dist., Div. 2 Feb. 13, 2013) (unpublished) is a lesson for all winners in an arbitration seeking to recoup costs and expenses after prevailing: present the
In Selby v. Cingular Wireless LLC, Case No. G045769 (4th Dist., Div. 3 Jan. 29, 2013) (unpublished), a plaintiff in a long-running Consumer Legal Remedies Act (CRLA) battle finally lost on a judgment on the pleadings battle, which was affirmed by our local Santa Ana appellate court in a 3-0 opinion authored by
