Cases: Arbitration – Page 26 – Cal Attorneys Fees

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

August 1, 2010

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 In Sands & Associates v. Juknavorian, Case No. B218019 (2d Dist., Div. 1 July 30, 2010) (unpublished), client initiated a nonbinding arbitration against law firm under the Mandatory Fee Arbitration Act after being disgruntled with law firm’s

Arbitration: Arbitrator Correctly Denies Attorney’s Fees To Jerry Garcia’s Widow In Family LLC Termination Dispute

Cases: Arbitration

July 13, 2010

First District, Division Two Nixes $450,000-Plus Fee Request of Widow. Aside from the fact that it involved an arbitration between the survivors of music legend Jerry Garcia, we knew this one would be good when the arbitrator started out his decision denying attorney’s fees to the widow this way: “On the issue of

Reasonableness Of Fees And Arbitration: Appeals About Reasonableness Of Fee Awards Are Rebuffed

July 7, 2010

Second District, Division 8, in Opinions by Justice Flier, Affirms Two Fee Awards, One For Appellate Work In a Civil Case and One in an Arbitration Context. #1: Moore v. Pro Value Properties, Inc., Case No. B216061 (2d Dist., Div. 8 July 6, 2010) (unpublished) In pro per plaintiffs/appellants challenged a $120,360.75 fee award

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

Cases: Arbitration, Cases: Consumer Statutes

June 11, 2010

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

May 26, 2010

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 May 24, 2010) (unpublished), the parties’ stipulation for arbitration had an important fee recovery provision.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

Arbitration: Appeal From Denial Of Petition To Correct Arbitrator’s Failure To Award Fees Is Dismissed

Cases: Arbitration

March 25, 2010

Denial Order Is Not Appealable, Only the Judgment Confirming the Award. The next case is a reminder to all that you must research what can and cannot be appealed when dealing with corrections to arbitration awards. The aggrieved plaintiff learned that all too well in the next decision we examine. Bader v.

Arbitration: $12.3 Million Compensatory Award And $6.7 Million in Fees, Costs, And Interest Additional Award Affirmed On Appeal

Cases: Arbitration, Cases: Deadlines

February 24, 2010

Second District, Division 8 Does Find Procedural Issue Might Deserve Supreme Court Review, But Affirms Merits Awards. In Oaktree Capital Management, L.P. v. Bernard, Case No. B207865 (2d Dist., Div. 8 Feb. 22, 2010) (certified for publication), arbitration awards of $12.3 million for lost management fees and $6.7 million in attorney’s fees, costs, and

Class Action And Arbitration Crossover: Appellate Court Affirms Arbitrator Computational Error Correction In Class Action Attorney’s Fee Allocation Dispute

Cases: Arbitration, Cases: Class Actions

February 6, 2010

First District, Division 1 Addresses Claimed Conflict Between JAMS Rules and CCP Arbitration Correction Provision. Here is a decision that involves consideration of class action and arbitration crossover issues. Two attorneys deserving of attorney’s fees in a substantial class action settlement entered into an agreement among themselves on the allocation of fees, calling

Unconscionability: One-Side Arbitration Provision Found to Be Permeated by Unconscionability

Cases: Arbitration, Cases: Costs, Cases: Unconscionability

January 29, 2010

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

Arbitration: Homeowner Association’s Failure to Show it Requested Homeowner to Arbitrate Under CC&R Provision and that Homeowner Refused to Arbitrate Results in Denial of Petition to Arbitrate and Overturning of Fees Award.

Cases: Arbitration, Cases: Homeowner Associations, Cases: POOF!

January 28, 2010

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