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 #1: Moore v. Pro Value Properties, Inc., Case No. B216061 (2d Dist., Div. 8 July 6, 2010) (unpublished) In pro per plaintiffs/appellants challenged a $120,360.75 fee award […]
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
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 May 24, 2010) (unpublished), the parties’ stipulation for arbitration had an important fee recovery provision.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
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.
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
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
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"
