Cases: Arbitration

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

Cases: Arbitration

Second District, Division Eight So Holds In Unpublished Decision Showing the Deference Given to Arbitral Decisions.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

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

Fifth District Unpublished Decision Finds that Supreme Court Authority Allows Arbitrator to be the Arbiter of “Prevailing Party” Status for Fee Recovery Purposes.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 May 20, 2008) (unpublished), the Fifth District Court of Appeal affirmed an arbitrator’s power

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