Cases: Arbitration

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 (2d Dist., Div. 3 Feb. 19, 2013) (unpublished) involved a situation where nine defendants were awarded collective $130,137.50 attorney’s fees after successfully defending a prior appeal where an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      Wells Fargo Advisors, LLC v. Fenandez, Case No. E055058 (4th Dist., Div. 2 Feb. 13, 2013) (unpublished) is a lesson for all winners in an arbitration seeking to recoup costs and expenses after prevailing: present the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       In Selby v. Cingular Wireless LLC, Case No. G045769 (4th Dist., Div. 3 Jan. 29, 2013) (unpublished), a plaintiff in a long-running Consumer Legal Remedies Act (CRLA) battle finally lost on a judgment on the pleadings battle, which was affirmed by our local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      Hospitality Marketing Consultants, LLC v. Case, Case No. G046283 (4th Dist., Div. 3 Nov. 30, 2012) (unpublished) demonstrates why clients and attorneys need to balance expediency of arbitration against the limited review of arbitrator decision-making before agreeing to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.

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

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