Cases: Arbitration

POOF!: Arbitration and CEQA Fee Awards Fall With Reversal of Underlying Matters

Cases: Arbitration, Cases: POOF!, Cases: Private Attorney General (CCP 1021.5)

Two Appellate Courts Show That Fees May Rise and Fall With Later Dispositions. Arbitration—Burlage v. Superior Court, Case No. B211431 (2d Dist., Div. 6 Aug. 31, 2009) (certified for publication)      This case is going to attract attention, because Presiding Justice Gilbert (author of a 2-1 majority opinion) has taken on the principle that Moncharch […]

Arbitration: Losing Attorneys Get Drastic Fee Reduction Even Though Winning Clients Never Oppose Petition to Vacate Arbitration Award

Cases: Arbitration

Second District, Division Three Has Difference in Opinion on Impact of Unopposed Petition to Vacate Arbitration Award.      Here is an interesting one for you. Clients soundly beat their former attorneys in a contractual arbitration: attorneys sought to recover $604,113.43 in fees for services rendered, while the arbitrator only awarded them $34,196.60—“a fraction of the

Hate Crime Statutes: Arbitration Expense and Fee Award Reversed And Remanded Because Armendariz Prohibition on Expenses Applies To Statutory Hate Crime Claims

Cases: Allocation, Cases: Arbitration, Cases: Consumer Statutes, Cases: POOF!, Cases: Special Fee Shifting Statutes

Second District, Division One, Does Remand For Proper Expense/Fee Determination and For Examination of Allocation Issues.      Armendariz v. Foundation Health Psychcare, 24 Cal.4th 83, 110-113 (2000) determined that arbitral expenses beyond what a plaintiff litigant would have borne in a court case cannot be imposed in cases involving statutory rights enacted for a public

Arbitration and Expert Fees: Even if Award of Expert Fees Was an Act in Excess of Arbitrator’s Jurisdiction, It Did Not Provide Basis to Vacate Award

Cases: Arbitration, Cases: Experts

Second District, Division Three, Reminds Us Simple Mistake of Law or Fact is Not Necessarily in Excess of an Arbitrator’s Powers.      Frederick Lax, former President and CEO of Tekelec, brought an arbitration proceeding against Tekelec, seeking compensation for options that were lost when Tekelec did not issue necessary financial statements until after the options

Arbitration: Second District, Division Two Affirms Order Denying Attorney’s Fees For Client Who Defeats Petition to Confirm Amended Arbitration Award, Because He Failed to Bring to Court’s Attention that the Original Award Should Have Been Confirmed

Cases: Arbitration, Cases: Prevailing Party

Court of Appeal Notes that Strict Limitations of CCP 1286 are Seldom Acknowledged in Case Law, But Does Acknowledge Those Limitations This Time.      On February 18, 2009, we did a post on Karton v. Dougherty, a case in which a $1,146,578.38 default judgment with interest of $159,679.92 in favor of Beverly Hills attorney David

Prevailing Party: Unsuccessful Injunctive Action Was Discrete Legal Proceeding Allowing For Award Of Civil Code Section 1717 Fees

Cases: Arbitration, Cases: Prevailing Party, Cases: Section 1717

First District, Division 4 Follow Acosta-Otay Line of Cases.      There has been quite a splash of jurisprudence lately on the question of when a prevailing party can be adjudged in mixed legal-arbitration proceedings. The next case is the latest addition to the case law on this subject.      In Turner v. Schultz, Case Nos.

Arbitration Fee Award: Plaintiff Winning $4.1 Billion “Prove-Up” Arbitration Award Obtains $633,450 In Attorney’s Fees

Cases: Arbitration, Cases: Reasonableness of Fees, Off Topics

Arbitrator Enhances Plaintiff’s Lodestar by 3.0 Multiplier.      We give thanks to Cal Biz Lit, who in his June 16, 2009 post described a “prove-up” arbitration award of $4.1 billion stemming from a very unusual lost commission dispute. He notes that the award was confirmed as a judgment by the Los Angeles County Superior Court

Contractual Fee Arbitration: $1,078,897 Fee Award Affirmed Against Client/Tenant

Cases: Arbitration

Second District, Division 8 Found Client Waived MFAA Nonbinding Arbitration Through Malpractice Allegations in AAA Cross-Demand.      Many times in the past, we have examined the interplay between contractual arbitration and the mandatory fee arbitration act (MFAA, Bus. & Prof. Code, § 6200). Basically, under the recent California Supreme Court’s opinion in Schatz v. Allen

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