One-Side Legal Costs and Fees Provision Was Part of the Problem Most cases we report about involve an award of attorney's fees, or the denial of an award. But we cast our net widely. In the next case, an arbitration provision was held to be procedurally and substantively unconscionable, in part because it had a […]
Code of Civil Procedure Section 1281.2 Is Interpreted to Require a Party Seeking to Compel Arbitration to Plead and Prove a Prior Demand for Arbitration Under the Parties’ Arbitration Agreement and a Refusal to Arbitrate Thereunder. In the next case, Homeowner Association successfully petitioned to arbitrate a dispute with a homeowner, only to have the
Second District, Division 3 Remands for Reconsideration of Fee Issues. Tenzera, Inc. v. Osterman, Case No. B211656 (2d Dist., Div. 3 Jan. 21, 2010) (unpublished) involved a hefty arbitration award of $426,047.72 in favor of homeowners and against contractor (a corporate entity) and against contractor’s principals (father and son), as well as an $181,000
Warburton Decision is a Companion to our December 28 Post on Lake v. Griffin, But in Inverse Fashion. In our December 28, 2009 post, we reviewed Lake v. Griffin, where the Fourth District, Division 1 held that a denial of a motion to compel arbitration in an ongoing case was not a "discrete proceeding"
Fourth District, Division 1 Reverses Fee Award in Case Involving Reggie Bush … And Clarifies Otay River Constructors in the Process. Here is one for all of you U.S.C. alumni or fans, involving civil litigation that impacts former collegiate football great Reggie Bush. The decision shows how the procedural context of a case can
Sixth District Likes Trial Court’s Rulings Across the Board on Fee Issues. In Exatron, Inc. DiFrancesco, Case No. H033094 (6th Dist. Dec. 9, 2009) (unpublished), plaintiff’s prior attorney’s fees and costs award from a contractual arbitration against defendant were affirmed in a prior appellate decision. Nine months later, plaintiff filed for supplemental fees
Lower Court Erred In Awarding $5,218.60 in Filing Fees, Motion Fees, and Registered Process Server Charges. In Meyers v. Fitzgerald, Case No. H032605 (6th Dist. Nov. 19, 2009) (unpublished), plaintiffs filed a complaint that was ordered to arbitration. The complaint was later dismissed without prejudice based on certain voluntarily actions taken by defendants. However,
Second District, Division 4 Finds No Basis To Award Fees To A True Nonparty. We do get email feedback from readers, for which we thank you. Sometimes we can be of help, sometimes we can’t, but we do usually respond one way or the other. One reader wanted some posts on void judgments.
No Different Result. On our September 2, 2009 post, we reported on the Burlage decision, which reversed confirmation of a substantial arbitration decision (complete with the overturning of a large fee award). We can now report that, on October 20, 2009, the Second District, Division 6, issued an opinion on rehearing that came to
First District, Division 5 Affirms Judgment Against LLC Managing Member. LLC managing member signed a retainer letter with an affiliated management company and paid litigation attorneys through checks drawn on dba accounts, before deciding to terminate the attorneys having a sizable receivable. After a lot of procedural and lower court tussles, attorneys finally
