Cases: Arbitration

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 Apr. 11, 2025) (unpublished) was unhappy that her former counsel sent an outstanding $200,000 receivable notice even though they were instrumental in working up a case resulting in […]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                In Rivas v. Dynamic Nursing Services, Inc., Case No. B337901 (2d Dist., Div. 1 Jan. 27, 2025) (unpublished), parties in an employment dispute involving common law and FEHA claims proceeded to an arbitration, with plaintiff eventually winning $30,000 on an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

Arbitration: Appellate Court Reverses Lower Court’s Denial Of Motion To Compel Arbitration Where Requesting Designer/Materialman Paid Arbitration Fees

Cases: Arbitration

Designer Did Not Have To Meet Payment Obligations By Contractor, So There Was No Waiver Or Forfeiture.                Facts many times make the difference in the resolution of a dispute.  And that conclusion rang true in Mooradian v. Ingjaldsdottir, Case No. B331561 (2d Dist., Div. 7 Sept. 26, 2024) (unpublished).                There, homeowners, designer, materialman,

Arbitration, Family Law: MFAA Fee Process Is Not Required For Fees To Be Awarded To Attorney Representing Minor In A Custody Dispute

Cases: Arbitration, Cases: Family Law

Family Code Section 3153 And CRC 5.241 Supported This Conclusion.                In Marriage of Thompson, Case No. B332150 (2d Dist., Div. 2 Sept. 24, 2024) (unpublished), ex-spouses were embroiled in a “high conflict” custody dispute over their minor child, with the family court appointing a family law attorney to represent the minor child and with

Arbitration: Employer Did Not Blow 30-Day Payment Window Under CCP § 1281.98 Because Employee Did Not Properly Serve The Arbitration Demand, Allowing For Payment Later

Cases: Arbitration

Denial Of Motion To Compel Arbitration Is Reversed And Matter Ordered To Arbitration.                CCP § 1281.98 is the 30-day window for an employer to pay arbitration expenses under penalty of going to court rather than arbitration under the contractual arbitration clause with employee.  This statute has produced much litigation; and, as we have indicated

Arbitration: Anoke Decision Now Published

Cases: Arbitration

CCP § 1281.97 Deadlines Run From Second Invoice Where Payment Was Requested.                On August 28, 2024, we posted on Anoke v. Twitter, Inc., Case No A168675 (1st Dist., Div. 5 Aug. 27, 2024), unpublished at the time, and now published on September 18, 2024.  Now citable, this case holds that the CCP § 1281.97

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