Cases: Arbitration

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      In Anter v. Pitts & Bachmann Realtors, Case No. B213519 (2d Dist., Div. 6 Nov. 23, 2010) (unpublished), residential property purchaser won a substantial $2.54 million arbitration award, jointly and severally, against sellers as well as sellers’ sales agent and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,

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

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