Cases: Arbitration

Arbitration: If Plaintiffs Clients Prove Indigency Where Retainer Agreement Did Not Explain Costs Of Arbitration To Clients, Appellate Court Gave Attorneys A Choice: Pay Unfront Costs Of Arbitration For Clients Or Waive Arbitration

Cases: Arbitration

  Appellate Court Did Not Find Unenforceability, But Framed A Choice Based on Unequal Bargaining Leverage.      Our local Santa Ana appellate court, in a 3-0 decision authored by Justice Rylaarsdam, has sent a message in our opinion about attorney retainer agreements containing mandatory arbitration provisions. Roldan v. Callahan & Blaine, Case No. G047306 (4th

Arbitration/Fee Clause Interpretation/Section 1717: Interesting Cross-Issue Case–Party Enjoining Arbitration Was Not Adverse Prevailing Party

Cases: Arbitration, Cases: Fee Clause Interpretation, Cases: Section 1717

  Court Can Award 1717 Fees With Enforceable Limitations–Such As, Did Adverse Party Acted Arbitrarily, Vexatiously, In Bad Faith Or Unreasonably–You Bethca!      We like Abbey v. Fortune Drive Associates, LLC, Case No. A135062 (1st Dist., Div. 1 July 29, 2013) (unpublished) for a lot, if not a couple of, reasons: (1) it talks about

Arbitration/Prevailing Party: Because Motion To Compel Arbitration In Pending Lawsuit Is Not An “Action” Under Civil Code Section 1717, Attorney’s Fees Award To Successful Compelling Party Was Premature

Cases: Arbitration, Cases: Prevailing Party

  Second District, Division One Disagrees With Contrary Conclusion Reached by First District, Division Two in Kors.      After plaintiffs filed a lawsuit against their former attorneys, those attorneys successfully moved to compel arbitration in the pending lawsuit, with the lower court also awarding them $67,930.50 in attorney’s fees as the prevailing party in the

Arbitration/Lodestar/Prevailing Party: Client Winning Fee Arbitration With “No More Payments Due” Did Prevail And Was Entitled To Post-Arbitration Confirmation/Vacation Fees Of $21,125

Cases: Arbitration, Cases: Lodestar, Cases: Prevailing Party

  Trial Court Did Not Err in Awarding A Higher Hourly Rate to Attorney Providing Postarbitration Services for Prevailing Client.      In Fuchs & Associates, Inc. v. Lesso, Case No. B241384 (2d Dist., Div. 2 May 29, 2013) (unpublished), former attorneys sued client to collect a claimed additional $647,688 in unpaid fees under a retainer

Arbitration: Legal Costs Of Enforcing And Interpreting Settlement Agreement Properly Denied Because These Were Arbitral Issues

Cases: Arbitration, Cases: Costs

  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

Arbitration: Arbitration Costs Properly Not Awarded Because Section 998 Cost-Shifting Issue Not Submitted To Arbitrator

Cases: Arbitration, Cases: Section 998

  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,

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

Scroll to Top