Cases: Arbitration

Arbitration/Construction Prompt Payment Statute: Fourth District, Division 3 Finds Fee Recovery Allowable For Withholding Progress Payments To Contractor

Cases: Arbitration, Cases: Special Fee Shifting Statutes

Court of Appeal Agrees With Reasoning in Hinerfeld-Ward.      Plaintiff contractor sued defendant owner for breach of contract, mechanic’s lien foreclosure, violation of the Civil Code section 3260.1 prompt payment statute relating to withheld progress payments, promissory fraud, and conspiracy to commit fraud. The case was arbitrated, with plaintiff eventually awarded $245,763.09 in damages against […]

Arbitration: JAMS Introduces Optional Expedited Arbitration Procedures

Cases: Arbitration

Target is 150 Day Resolution From Date of Preliminary Conference.      Co-contributor Mike participated in a JAMS Roundtable last year in the Orange, California office. One of the themes addressed was the need to address the rising costs of private arbitration as an ADR process in general (including the attorney’s fees to engage in arbitration).

Arbitration: $952,451.51 Fee Recovery In Partnership Dispute Is Upheld

Cases: Arbitration

  Arbitrator’s Reading of Prior Mediator Decision Did Not Upset Award.      If you believe that an arbitrator exceeded his powers or did something improper, make sure you raise it clearly–in writing–during arbitration proceedings. If you proceed, without making a record, the next case tells us you do so at your peril!      BH Partnership

Arbitration: Failure To Petition Trial Court Or Arbitrator For Amendment Of Award For Inclusion of Attorney’s Fees Justified Denial Of Fees

Cases: Arbitration

Brokers Were Also Not Parties to Purchase Agreement With Fees Clause.      In Anter v. Pitts & Bachmann Realtors, Case No. B213519 (2d Dist., Div. 6 Nov. 23, 2010) (unpublished), residential property purchaser won a substantial $2.54 million arbitration award, jointly and severally, against sellers as well as sellers’ sales agent and broker. However, the

Arbitration: Defendants’ Gamesmanship In Litigating In Court For Over Seven Months Was A Waiver, Requiring Reversal Of An Arbitration Award

Cases: Arbitration

Second District, Division 1 Finds Waiver, in a 2-1 Decision.      The next one is an interesting case which demonstrates that an appellate court may strike down an arbitration award where one side litigated in court for a long period of time and engaged in non-arbitration types of discovery. Waiver was the issue for consideration,

Arbitration: Arbitration Award Producing A Further Award of Over $43,000 In Attorney’s Fees Properly Awarded to Out Of State Attorney

Cases: Arbitration

  Arbitrator’s Failure to File Certificate Approving Out of State Attorney Until After Filing of the Favorable Arbitration Award Was Deemed Harmless Error.      For those practitioners that are involved in arbitrations (and most litigators are in this day and age), here is an interesting case about approval of out of state attorneys and their

Trio Of Cases: Class Action Fee Distribution, Anti-SLAPP Fees To State Bar, And Reach Of Arbitrator Disclosures Highlighted California Appellate Court Thinking

Cases: Arbitration, Cases: Class Actions, Cases: SLAPP

Declaratory Relief Action Denial Reversed re Class Action Fee Distribution.      In Carder v. Patten, Faith & Sandford, Case No. B221940 (2d Dist., Div. 5 Oct. 12, 2010) (certified for publication), the appellate court reversed judgment entered against a plaintiff class action lawyer in a declaratory relief action he brought against other class action co-counsel

Arbitration: Agreement Incorporating AAA Construction Industry Rules Allows For Fee Recovery If Both Sides Pray For Fee Recovery

Cases: Arbitration

Second District, Division 5 Applies AAA Rules Invoked By Each Side’s Arbitration Demands.      When you are reviewing a contract for fee exposure, make sure you focus carefully on the remedies and arbitration sections. If the arbitration section incorporates American Arbitration Association rules, litigants may have fee exposure from the express rules incorporation made by

Arbitration: Trial Court’s Excising Of Attorney’s Fees Award By Arbitrator Reversed On Appeal

Cases: Arbitration

Second District, Division 5 Finds Arbitral Discretion Prevails on Fee Award.      In Youssefzadeh v. 740 S. Broadway Associates, LLC, Case No. B220726 (2d Dist., Div. 5 Sept. 30, 2010) (unpublished), two matters were ordered to arbitration pursuant to identical binding arbitration clauses in two different LLC operating agreements. The clauses were broad in nature,

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