Cases: Arbitration

Arbitration/Class Action: Attorney Failing To Arbitrate, Litigate, Or Appeal Was Not Entitled To Arbitrator Allocation Of Fees In Class Action Case

Cases: Arbitration, Cases: Class Actions

  Moral of the Story …. Be Careful What You Ask For (Or Don’t Ask For).      Here is a very interesting arbitration/litigation saga about attorneys and clients bickering over how to divide class action attorney’s fees. It also shows an objecting attorney that you better be careful how you proceed (and the objecting attorney […]

Arbitration/Fee Clause Interpretation/Prevailing Party: Dismissed Arbitration Still Meant Litigant Prevailed, Santisas Notwithstanding

Cases: Arbitration, Cases: Fee Clause Interpretation, Cases: Prevailing Party

  Party Getting Dismissed Arbitration Proceeding Entitled to Fees.      Lakeside Club Villas, Inc. v. LB Property Mgt., Inc., Case No. B236001 (2d Dist., Div. 5 Oct. 16, 2012) (unpublished) is an interesting case showing how the breadth of a fees clause awarding fees/costs in an arbitration will garner a litigant a fee recovery, even

Prevailing Party: Plaintiff Defeating A Motion To Compel Arbitration Not Entitled To Fee Recovery Until Underlying Contract Case Resolved

Cases: Arbitration, Cases: Prevailing Party

  Compel Arbitration and U.S. Supreme Court Cert Petition Fees Reversed, Based on Frog Creek Partners.      It will not come as a surprise that Frog Creek Partners, LLC v. Vance Brown, Inc., 206 Cal.App.4th 515 (1st Dist., Div. 5 2012) will make our Top 20 List at the end of the year. Several appellate

Arbitration: Nonprevailing Party In Arbitration Still Entitled To Postconfirmation Award Fees Of $591,818.18

Cases: Arbitration

  Postarbitration Proceedings Distinct From Arbitration Proceedings For Purposes of Fee Award.      Prime Associates Group, LLC v. NAMA Holdings, LLC, Case No. B226167 (2d Dist., Div. 4 June 19, 2012) (unpublished) is a case that upheld a substantial attorney’s fees award, drawing a distinction in the process between postarbitration and arbitration proceedings.      NAMA

Arbitration/Prevailing Party: $37,500 Interim Contract Fee Award Sustained Despite The Fact There Was No Final Judgment At Fee Award Time

Cases: Arbitration, Cases: Prevailing Party

  Difference Between This and Frog Creek: Final Award Occurred After Interim Fee Award, So There Was Finality.      On May 27, 2012, we reported on the First District, Division 5’s published opinion in Frog Creek Partners, LLC v. Vance Brown, Inc., 2012 Cal.App. LEXIS 625 (2012), where the appellate court concluded that the trial

Arbitration/Prevailing Party: Only One Prevailing Party For Civil Code Section 1717 Purposes Under One Contract After Exhaustion Of Arbitration Proceedings

Cases: Arbitration, Cases: Prevailing Party

  Parameters of “Discrete Win” Doctrine Probed, With Interim Wins On Petitions To Compel Arbitration Not Determining Eventual Winner Unless Discrete Proceeding Ended Matter.      Frog Creek Partners, LLC v. Brown, Case No. A129651 (1st Dist., Div. 5 May 24, 2012) (certified for publication) is a scholarly opinion considering, in a two party-one contract context

Arbitration/Consumer Statutes: Waiver Of Attorney’s Fees Recovery In Residency Arbitration Provision Was Against Public Policy

Cases: Arbitration, Cases: Consumer Statutes

  Fee-Shifting Provision in Elder Abuse Law Vetted An Important Public Policy.      The Fifth District in Bickel v. Sunrise Assisted Living, Case No. F062443 (5th Dist. May 21, 2012) (certified for publication) involved a plaintiff suing defendant assisted living facility for elder abuse. Plaintiff entered into a residency agreement with an arbitration clause, with

Arbitration: Parties Waived Right To Return To Arbitration When Failing To Reach A Resolution With Other Parties On Payment Of Nonpaying Parties’ Portion Of Arbitrator Fees

Cases: Arbitration

       In Cinel v. Christopher, 203 Cal.App.4th 759 (2012), the Second District, Division 1 affirmed a trial court’s order refusing to confirm as an award the arbitrator’s termination of the action for nonpayment of fees of several of the defendants. One party returned to the trial court to compel arbitration, arguing he had paid

Arbitration/Estoppel: Judicial Estoppel Puts The Kabosh On Appeal Claiming Fees Clause Did Not Cover Fees Incurred In Court Proceedings To Confirm Arbitration Award

Cases: Arbitration, Cases: Estoppel

  Court of Appeal Was Not Pleased With Appellant’s Inconsistent Positions.       Judicial estoppel is an equitable doctrine aimed at preventing litigants from taking two totally inconsistent positions in different phases of litigation–or prevent “playing fast and loose” with the judicial system or “gaming the system” by taking such inconsistent positions. (Uhrich v. State Farm

Arbitration/Prevailing Party/Section 1717: Prevailing Party On Sole Contract Claim Entitled To Fees

Cases: Arbitration, Cases: Prevailing Party, Cases: Section 1717

  “Each Side Bear Own Costs” Appellate Directive Did Not Bar Later Fee Request.      Tenzera, Inc. v. Osterman, Case No. B228189 (2d Dist., Div. 3 Apr. 19, 2012) (partially published; fee discussion not published) presented a situation where, after remand from a prior appellate opinion in the same case, a trial court denied attorney’s

Scroll to Top