Cases: Arbitration

Arbitration/Prevailing Party: Arbitration Claimants Prevailing On Appeal Entitled To An Award Of Appellate Fees And Costs

Cases: Arbitration, Cases: Prevailing Party

  $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      In American State University v. Kiemm, Case No. B242766 (2d Dist., Div. 5 Apr. 29, 2013) (unpublished), plaintiffs prevailed in a contractually-mandated arbitration, winning an arbitration award of $900,000 in compensatory damages, $500,000 in punitive damages,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 […]

Arbitration/Construction/Prevailing Party: $901,085.27 Fee Recovery Goes POOF! When Appellate Court Determines That Defendant Was Dismissed After Arbitration With Other Parties

Cases: Arbitration, Cases: Construction, Cases: Prevailing Party

  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

Arbitraton/Fee Clause Interpretation: Fee Recovery Under Broadly Worded Clause Justified Even Though Contractor Did Not Pursue Arbitration

Cases: Arbitration, Cases: Fee Clause Interpretation

  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 Mar. 26, 2013) (unpublished) must have felt good about their chances on appeal under a broadly worded fees clause, where the winner litigated rather than pursued contractually-mandated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

Arbitration: Arbitrator’s Failure To Declare A Prevailing Party And Denial Of Statutory Costs To Winner Did Not Allow Superior Court To Do Otherwise

Cases: Arbitration

  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

Appealability/Arbitration/Deadlines/Employment/Indemnity: Attorney’s Fees Powerball — Lots Of Unpublished Decisions On Numerous Issues

Cases: Appealability, Cases: Arbitration, Cases: Deadlines, Cases: Employment, Cases: Indemnity

  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

Allocation/Appeal/Arbitration: $130,137.50 Fee Recovery For Appellate Work On Arbitration Matter Remanded Based On Fee Entitlement Bases

Cases: Allocation, Cases: Arbitration

       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

Arbitration/Section 998: Winning Party In Arbitration Correctly Refused Expert Witness Fees Under Section 998 By Trial Court

Cases: Arbitration, Cases: Section 998

  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

Arbitration/Class Actions: $25.000 In Attorney’s Fees Incurred In Successfully Opposing Motion To Compel Arbitration, Pre-Concepcion, Did Not Constitute Damages For Proceeding Under The Consumer Legal Remedies Act

Cases: Arbitration, Cases: Class Actions

       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

Arbitration: Attorney’s Fees Granted Under Purchase Agreement Not Entered Into By Parties Or Subject To Claims Sustained Because Fee Issue Was Submitted For Arbitrator Determination

Cases: Arbitration

  Merits of Ruling Could Not Be Scutinized.      Hospitality Marketing Consultants, LLC v. Case, Case No. G046283 (4th Dist., Div. 3 Nov. 30, 2012) (unpublished) demonstrates why clients and attorneys need to balance expediency of arbitration against the limited review of arbitrator decision-making before agreeing to an arbitration clause or stipulating to consensual arbitration.

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