Cases: Arbitration

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       In Selby v. Cingular Wireless LLC, Case No. G045769 (4th Dist., Div. 3 Jan. 29, 2013) (unpublished), a plaintiff in a long-running Consumer Legal Remedies Act (CRLA) battle finally lost on a judgment on the pleadings battle, which was affirmed by our local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      Hospitality Marketing Consultants, LLC v. Case, Case No. G046283 (4th Dist., Div. 3 Nov. 30, 2012) (unpublished) demonstrates why clients and attorneys need to balance expediency of arbitration against the limited review of arbitrator decision-making before agreeing to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      Lakeside Club Villas, Inc. v. LB Property Mgt., Inc., Case No. B236001 (2d Dist., Div. 5 Oct. 16, 2012) (unpublished) is an interesting case showing how the breadth of a fees clause awarding fees/costs in an arbitration will garner a litigant a fee recovery, even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

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

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