Cases: Arbitration – Page 29 – Cal Attorneys Fees

MFAA Fee Arbitrations: Clients Beware—Make Sure You Have A Winning Contractual Interpretation Defense Or Be Prepared To Cough Up Unpaid Fees Plus Litigation Expenses To The Winning Former Attorney If You Do Not Exceed the MFAA Arbitration Award Late

January 22, 2009

First District, Division 3 Affirms Lower Court Award in Favor of Attorney, Including Substantial Fees Award. In our category “Cases: Arbitration,” we have discussed the Mandatory Fee Arbitration Act (MFAA), Business and Professions Code section 6200 et seq. This allows a client to engage in a nonbinding arbitration with an attorney over a fee […]

Arbitration: Arbitrator’s Fee Award Modified By Appellate Court Based On Finding “No Anchor” For Fee Recovery

Cases: Allocation, Cases: Arbitration, Cases: Section 1717, Cases: Special Fee Shifting Statutes

January 15, 2009

First District, Division 2 Demonstrates Appellate Scrutiny Of Basis For Fee Award. In past posts (see, e.g., our July 15, 2008 post on Patel v. Sagar), we have reviewed appellate decisions involving scrutiny of arbitration awards. Several decisions have affirmed arbitrator fee awards even though there was no clear basis, either by contract or

Arbitration: AAA Arbitrator Can Award Fees to Prevailing Party, Even Without Contractual Basis, If Both Parties Request Fees in Their AAA Pleadings

Cases: Arbitration, Cases: Estoppel

January 7, 2009

Fourth District, Division 1 Affirms Fee Award Granted By Arbitrator Under AAA Rule R-44(d). In our category “Cases: Estoppel,” we have reviewed cases holding that Civil Code section 1717 fee recovery is not authorized in regular court actions unless the litigant has actual entitlement to fees, with no award being justified when an opponent

Mandatory Fee Arbitration Settlement: Winning Party Reserved Right To Recover Fees and Did Obtain $120,000 In Fees And $7,097.99 In Costs From Losing Attorney

Cases: Arbitration, Cases: Estoppel, Cases: Retainer Agreements, Cases: Special Fee Shifting Statutes, Cases: Standard of Review

January 7, 2009

First District, Division Four Affirms Fee/Costs Award on Appeal. In our category “Cases: Settlement,” we have reviewed past decisions where parties have won substantial fee/costs awards after reserving the issue for future determination as part of a settlement in an underlying case. The next opinion is one arising from the settlement of a lawsuit

Fee Arbitration: Attorney’s Rejection Of MFAA Adverse Arbitration Award And Failure To Timely Prosecute Subsequent Litigation Within Five Year Rule Repudiated Prior Rejection So Award Could Be Confirmed To Judgment

Cases: Arbitration

December 20, 2008

Sixth District’s Holding Based On Furthering Client Protections Under MFAA. The Mandatory Fee Arbitration Act (MFAA), Business and Professions Code section 6200 et seq., is a statutory scheme by which a client can attempt to inexpensively arbitrate fee disputes with an attorney without resorting first to formal litigation. For those of you wanting more

Arbitration Fee Awards: Court Of Appeal Affirms Award Where It Was Within The Scope Of An Arbitration Contractual Clause

Cases: Arbitration

December 18, 2008

Fourth District, Division Three Determined that Arbitrator’s Award Was Governed By Arbitration, Not Reference, Principles. In our July 15, 2008 post on Patel v. Sagar, we discussed a situation where the Second District affirmed an arbitrator’s fee award based on the notion that the arbitrator has considerable leeway to apply “equitable principles” in awarding

Arbitration: Plaintiff Winning Petition To Compel Arbitration Proceeding Cannot Seek Fee Recovery In A Second Lawsuit

Cases: Arbitration

December 1, 2008

Using “Splitting Cause of Action” Principles, Second District, Division Two Rules That Plaintiff Must Seek Fees In the First Lawsuit. The next case reminds all litigators that courts dislike duplicative litigation where litigants seek to recoup fees that are more appropriately sought in a prior action. That is exactly what happened in Cohen

Arbitration: Clients Losing Fee Arbitration Award When It Was Subsequently Vacated Failed To Timely Appeal Adverse Ruling

Cases: Arbitration

December 1, 2008

Fourth District, Division Three Dismisses Clients’ Appeal. Clients filed a petition for attorney’s fee arbitration pursuant to Business and Professions Code section 6200 et seq. They won, with their Former Attorney ordered to return $150,000 in fees and $3,524 in attorney’s fees. Former Attorney was not happy and petitioned to vacate the award,

Pre- And Post-Arbitration Fees: Trial Courts Can Award Even If Arbitrator Denies Fees For Arbitration Work

Cases: Arbitration, Cases: Fee Clause Interpretation

November 26, 2008

Sixth District So Rules In Sustaining Fee Award For Some Work By Winning Litigant’s Attorneys Before and After Arbitration Proceeding. Defendant suffered an adverse arbitration award of $67,089.16 to plaintiff for failing to pay plaintiff his value in a health center pursuant to a second buy-out agreement. The arbitrator awarded arbitration costs/fees, but ordered

Attorney Losing MFAA Arbitration Award Failed To Timely Appeal After Receipt Of Award 27 Days Earlier

Cases: Arbitration

October 9, 2008

Mail Service Extension Rules Did Not Apply in MFAA Context. The next case goes to show you how (1) the facts are usually outcome determinative, and (2) the specific context and promulgated rules in a statutory scheme may well prevail over a result that seems intuitive under a different set of rules.