Cases: Arbitration

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 May 24, 2010) (unpublished), the parties’ stipulation for arbitration had an important fee recovery provision.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

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

Cases: Arbitration, Cases: Deadlines

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

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

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!

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

Arbitration: Trial Court Erroneously Vacating Entire Arbitration Award, Rather Than Just Part Of Award Against Nonsignatories, Must Reconsider Propriety of Arbitrator’s Fee Award On Remand

Cases: Arbitration

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

Section 1717 Prevailing Party and Arbitration Grant: Fourth District, Division 1 Decides That Interim Decision Did Not Solidify Status Of Who Prevailed For Fee Award Purposes

Cases: Arbitration, Cases: Section 1717

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"

Arbitration Denial: Discrete Proceeding Or Ruling In A Continuing Action That Awaits A More Definitive Nature?

Cases: Arbitration, Cases: Section 1717

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

Post-Arbitration Fees and Judgment Enforcement: Court Of Appeal Considers Some Interesting Fee Award Appellate Challenges In These Two Areas

Cases: Arbitration, Cases: Deadlines, Cases: Judgment Enforcement

  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

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