Cases: Arbitration – Page 30 – Cal Attorneys Fees

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

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.

Arbitration Provision In Fee Retainer Agreement Enforced According To Its Terms

Cases: Arbitration, Cases: Fee Clause Interpretation

September 22, 2008

Second District, Division Two Finds Arbitrator Did Not Exceed His Power In Awarding Substantial Fee Award In Favor of Law Firm and Against Former Client. Former Client in 1999 signed a fee retainer agreement, both individually and on behalf of two affiliates, in which arbitration was the dispute resolution remedy. The

Broadly Worded Arbitration Agreements—Arbitrators Can Decide Case Based Upon Equity, Even If There Is No Clear Fee Entitlement Basis

Cases: Arbitration

July 15, 2008

Second District, Division Eight So Holds In Unpublished Decision Showing the Deference Given to Arbitral Decisions. Any practitioner dealing with binding contractual arbitration will have read, many times we believe, the California Supreme Court’s decision in Moncharsh v. Heily & Blase, 3 Cal.4th 1 (1992). Moncharsh gave broad deference to arbitration

POST-TRIAL ARBITRATION PROCEEDING NETS ATTORNEYS FEES FOR PREVAILING PARTIES WHO LOST AT TRIAL.

Cases: Allocation, Cases: Arbitration, Cases: War Stories

May 22, 2008

Defendants in Real Estate Concealment Case Win at Arbitration and Get Partial Recoupment of Attorneys Fees. At a month trial in Orange County Superior Court, two individual clients of Mike Hensley suffered an adverse jury award of about $285,000. The clients sold their prior San Juan Capistrano house to plaintiff buyers,

ARBITRATOR DOES HAVE POWER TO DETERMINE TO FIND THAT NO PARTY WAS THE PREVAILING PARTY FOR PURPOSES OF BEING AWARDED FEES.

Cases: Arbitration, Cases: Prevailing Party

May 22, 2008

Fifth District Unpublished Decision Finds that Supreme Court Authority Allows Arbitrator to be the Arbiter of “Prevailing Party” Status for Fee Recovery Purposes. In Thompson Pacific Construction, Inc. v. Swinerton Builders, Inc., Case No. F053237 (5th Dist. May 20, 2008) (unpublished), the Fifth District Court of Appeal affirmed an arbitrator’s power