Cases: Arbitration

Arbitration/Prevailing Party/Construction: Dueling Prevailing Party Determinations May Sting One Party To Its Dismay

Cases: Arbitration, Cases: Prevailing Party

  One Party Prevails, But Still Suffers Adverse Judgment of Over $2 Million When Opponent Also Prevailed.      This next case is a sobering reminder that “prevailing party” determinations do not necessarily result in one winner in multi-claim litigation. Even though one party might prevail and obtain a substantial fee/costs award, the other party–if that […]

Judicial Arbitration: Two Attorney’s Fees Of About $35,000 Each To Different Defendant Groups Affirmed After Plaintiffs Dismissed Complaint After De Novo Trial Request

Cases: Arbitration, Cases: Section 1717

  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

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

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