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 In Anter v. Pitts & Bachmann Realtors, Case No. B213519 (2d Dist., Div. 6 Nov. 23, 2010) (unpublished), residential property purchaser won a substantial $2.54 million arbitration award, jointly and severally, against sellers as well as sellers’ sales agent and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 In Commonwealth Land Title Co. v. Trembley, Case No. B218601 (2d Dist., Div. 8 Nov. 8, 2010) (unpublished), a buyer of retail cell phone business recovered a $34,530 damages award from an arbitrator as against a title company for negligence in failing to conduct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
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
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,
August 31 was a day in which two decisions were issued by Courts of Appeal, both demonstrating the deference that trial and appellate courts will give to arbitration attorney’s fees awards. Miller v. Lifestyles Senior Housing Managers, Case No. C059843 (3d Dist. Aug. 31, 2010) (Unpublished). In the first one, plaintiff lost
Fourth District, Division 3 Honors Stipulation By Its Terms on Forfeiture of Appellate Rights. Appellate courts will enforce the bargains struck between parties, even when they involve waivers of fundamental rights (such as the right to appeal). That happened in the next case we discuss. In Fridman v. Beach Crest Villas Homeowners
