Cases: Arbitration

Arbitration, Sanctions: $183,304 In Sanctions Relating To Abandoned Arbitration Proceeding Awarded Against Employer Not Timely Paying Arbitration Expenses Under CCP § 1281.98(c)(1)

Cases: Arbitration, Cases: Sanctions

Sanctions Are Awardable Where Fees Were Expended In Terminated Arbitration Proceedings.                In an area where there has been a lot of litigation, an employer faces litigating in court and paying sanctions to an employee in a situation where employee wants to arbitrate but employer fails to adhere to the payment deadlines in CCP §§ […]

Arbitration, Employment: 30-Day Arbitration Payment Deadline Under CCP § 1281.98 Runs From Invoice Issuance Date By ADR Provider

Cases: Arbitration, Cases: Employment

. . . And It Is Extended By CCP § 12 Extensions If Deadline Falls on a Holiday or Weekend.                We have seen an uptick on decisions considering CCP § 1281.98, the section requiring employers to timely pay arbitration expenses invoiced by an ADR provider within 30 days under penalty of returning the case

Arbitration, Employment: Where Employer Did Not Timely Pay Arbitration Expenses Within 30 Days And Employee Opted To Stay In Arbitration, Employee Can Get Recovery Of All Arbitration Expenses, Including Fees Through The End Of The Arbitration

Cases: Arbitration, Cases: Employment

Although Unpublished, This Is An Important Reminder To Employers On Timely Paying Arbitration Fees, Under Penalties Even If Employee Opts For Arbitration.                Although unpublished, Lehman v. MediaLab.AI, Inc., Case No. B336814 (2d Dist., Div. 5 May 19, 2025) (unpublished), is an opinion that employers need to pay attention to in case they are delinquent

Arbitration, Special Fee Shifting Statutes: Plaintiff/Former Client Failed To Timely Reject The Award By Filing An Action After Service Of The Award And Failed To Timely Move To Vacate The Award

Cases: Arbitration, Cases: Special Fee Shifting Statutes

MFAA Deadlines Are Strict, Not Subject To CCP § 473 Relief.                Plaintiff/former client in Rossi, Hamerslough, Reischl & Chuck v. Shah, Case No. H051614 (6th Dist. Apr. 11, 2025) (unpublished) was unhappy that her former counsel sent an outstanding $200,000 receivable notice even though they were instrumental in working up a case resulting in

Appeal Sanctions, Arbitration, Sanctions: $37,000 In CCP § 128.7 Sanctions Affirmed On Appeal For Attorney’s Refusal To Withdraw A Frivolous Opposition To An Arbitration Motion To Confirm An Award

Cases: Appeal Sanctions, Cases: Arbitration, Cases: Sanctions

Also, Appeal Sanctions Were Warranted For A Frivolous Appeal, But Matter Remanded To Trial Judge To Determine Appropriate Amount Given Conclusory Support For The Fee Request.                In Plantation at Hayward I, LLC v. Plantation at Hayward I, LLC (Catanzarite), Case No. G062909 (4th Dist., Div. 3 Feb. 10, 2025) (published), plaintiff’s attorney losing in

Arbitration: 1/1 DCA Finds FAA Preemption Does Not Apply To CCP 30-Day Deadlines For Employers To Pay Arbitration Fees, Agreeing Its Analysis In Keeton—Accepted For California Supreme Court Review Pending A Determination In Hohenshelt—Was Correct

Cases: Arbitration

Matter Still In Flux, Although Opinion Found Most Intermediatory California Appellate Court Agree With No Preemption Conclusion, But With Federal Judges Split On The Issue.                The 1/1 DCA in Cohn-Perez v. Security Industry Specialists, Inc., Case No. A168297 (1st Dist., Div. 1 Jan. 29, 2025) (partially published) sided with its earlier interpretation in Keeton

Arbitration: $75,000 In Fees/$4,600 In Costs Award To Plaintiff On An Interactive-Process Claim Was Affirmed On Appeal Even Though Plaintiff Only Won $30,000 In Compensatory Damages

Cases: Arbitration

Dueling Appellate Sanctions Requests Were Denied Also.                In Rivas v. Dynamic Nursing Services, Inc., Case No. B337901 (2d Dist., Div. 1 Jan. 27, 2025) (unpublished), parties in an employment dispute involving common law and FEHA claims proceeded to an arbitration, with plaintiff eventually winning $30,000 on an interactive-process claim only.  Later, the arbitrator awarded

Arbitration: Because Arbitration Was Governed By The FAA, Lower Court’s Order Denying Arbitration To Defendant Employer For Failure To Pay Arbitration Expenses Within 30 Days Was Reversed On Appeal

Cases: Arbitration

FAA Governance Of The Arbitration Process Was Dispositive.                In Boub v. Prime Healthcare, Case No. B334972 (2d Dist., Div. 4 Jan. 25, 2025) (unpublished), a lower court’s order denying a defendant employer’s motion to compel arbitration for failure to pay arbitration expenses within 30 days under CCP § 1281.98 was reversed because the FAA

Arbitration: Arbitration Award Of Almost $60,000 In Attorney’s Fees And Costs Was Properly Not Vacated Where Arbitrator Was A Webinar Participant About Arbitration Of Fees And Costs

Cases: Arbitration

Webinar Took Place Almost 1 ½ Months After The Award, Involving General Tips On Fee Battles In Arbitration.                In Silva v. The Signature Motors LLC, Case No. H051552 (6th Dist. Jan. 14, 2025) (unpublished), an arbitrator awarded plaintiff almost $60,000 in attorney’s fees and costs (90% of the request), and the arbitrator 1 ½

Scroll to Top