Arbitrator Did Have Jurisdiction to Award Fees/Costs Despite Jurisdictional and Procedural Challenges By Losing Parties. Be careful what you ask for. In this one, both sides brought dueling requests for fees and costs before an arbitrator after a decision primarily in plaintiff’s favor, but the losing defendants “hedged” by arguing in opposition to […]
Arbitration Award Reinstated, Which Meant Substance of Attorney’s Fees Award Not Reviewable Absent Trial De Novo Request. Here is one of the first decisions we have summarized dealing with a fee award in a judicial arbitration award which became binding after plaintiffs dismissed a complaint without prejudice after filing a trial de novo
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
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).
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
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 In Anter v. Pitts & Bachmann Realtors, Case No. B213519 (2d Dist., Div. 6 Nov. 23, 2010) (unpublished), residential property purchaser won a substantial $2.54 million arbitration award, jointly and severally, against sellers as well as sellers’ sales agent and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
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,
Second District, Division 8 Gives Precedence to Arbitral Finality Principle. In Commonwealth Land Title Co. v. Trembley, Case No. B218601 (2d Dist., Div. 8 Nov. 8, 2010) (unpublished), a buyer of retail cell phone business recovered a $34,530 damages award from an arbitrator as against a title company for negligence in failing to conduct
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
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
