Cases: Arbitration

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      In Youssefzadeh v. 740 S. Broadway Associates, LLC, Case No. B220726 (2d Dist., Div. 5 Sept. 30, 2010) (unpublished), two matters were ordered to arbitration pursuant to identical binding arbitration clauses in two different LLC operating agreements.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,

Arbitration: Published And Unpublished Decisions Illustrate Deference Given To Arbitrator’s Final Awards Regarding Attorney’s Fees

Cases: Arbitration, Cases: Ethics

       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 Aug. 31, 2010) (Unpublished).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

Settlement Stipulation: Stipulation To Arbitrate Clearly Waived Right To Appeal Arbitrator’s Award

Cases: Arbitration, Cases: Settlement

  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

Client-Attorney Fee Arbitration: Failure To File Right Type Of Complaint And To Move To Vacate Arbitration Award Ended Client’s Hope For Reversal

Cases: Arbitration

Second District, Division 1 Enforces Procedural Aspects of Nonbinding Mandatory Fee Arbitration and Contractual Arbitration Enforcement Provisions.      In Sands & Associates v. Juknavorian, Case No. B218019 (2d Dist., Div. 1 July 30, 2010) (unpublished), client initiated a nonbinding arbitration against law firm under the Mandatory Fee Arbitration Act after being disgruntled with law firm’s

Consumer Arbitrations: Consumer Contract Authorizing Fees Runs Afoul Of CCP § 1284.3 Statutory Protections

Cases: Arbitration, Cases: Consumer Statutes

  Fourth District, Division 1 Reverses Arbitration Fee Award on Public Policy Grounds on Appeal.      Code of Civil Procedure section 1284.3(a) is a pro-consumer arbitration provision that states an arbitrator/neutral cannot administer an arbitration for a consumer in a way that makes the consumer responsible to pay attorney’s fees or costs if he/she is

Arbitration: Parties’ Stipulation To Allow Post-Arbitration Fee Recovery Allows Fees For Sustaining Arbitration Award On Appeal

Cases: Arbitration

  Sixth District Honors Parties’ Stipulation Relating to Fee Recovery.      In Kontoudakis v. Beri-Scott Co., Case No. H034544 (6th Dist. May 24, 2010) (unpublished), the parties’ stipulation for arbitration had an important fee recovery provision. That provision stated: “Should either party be forced to seek enforcement of the arbitration award beyond simply filing it

Scroll to Top