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Bolgar v. Glen Donald Apartments, Inc., Case No. B241636 (2d Dist., Div. 1 Feb. 26, 2013) (Unpublished).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 (2d Dist., Div. 3 Feb. 19, 2013) (unpublished) involved a situation where nine defendants were awarded collective $130,137.50 attorney’s fees after successfully defending a prior appeal where an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 Wells Fargo Advisors, LLC v. Fenandez, Case No. E055058 (4th Dist., Div. 2 Feb. 13, 2013) (unpublished) is a lesson for all winners in an arbitration seeking to recoup costs and expenses after prevailing: present the
In Selby v. Cingular Wireless LLC, Case No. G045769 (4th Dist., Div. 3 Jan. 29, 2013) (unpublished), a plaintiff in a long-running Consumer Legal Remedies Act (CRLA) battle finally lost on a judgment on the pleadings battle, which was affirmed by our local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
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 Hospitality Marketing Consultants, LLC v. Case, Case No. G046283 (4th Dist., Div. 3 Nov. 30, 2012) (unpublished) demonstrates why clients and attorneys need to balance expediency of arbitration against the limited review of arbitrator decision-making before agreeing to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.
You Be The Judge, Recent California Real Property Journal Article Adds More Swill to the Controversy. Okay, folks, there always has been a controversy on the added effectiveness (or expense) associated with ADR alternatives, primarily mediation and arbitration. We can report that even more gas has been added to the fire of this
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
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
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
