Cases: Arbitration

Arbitration, Requests For Admission: Arbitrator Award Of RFA Costs Of Proof Sanctions Reversed In Review Of Uninsured Motorist Arbitration Proceedings

Cases: Arbitration, Cases: Requests for Admission

Only A Trial Judge Can Order Discovery Sanctions Under Uninsured Motorist Arbitration.                We did know that uninsured motorist arbitrations are a niche area for practitioners in the area.  That is confirmed by the result in Ourfali v. 21st Century Ins. Co., Case No. B324150 (2d Dist., Div. 4 Mar. 27, 2024) (unpublished).  There, in […]

Arbitration: Former Employer Could Not Revive Arbitration Demand Against Ex-Employee After Paying Late Following Expiration Of The CCP § 1287.97 30-Day Deadline

Cases: Arbitration

Deadline Is Strict; § 1287.97 Is Not Preempted By The FAA.                In Jane Doe v. Lawyers for Employee and Consumers Rights, Case No. B330052 (2d Dist., Div. 6 Mar. 21, 2024) (unpublished), former employer sought to press arbitration against ex-employee although it paid late arbitration expenses in derogation of the 30-day deadline under CCP

Arbitration: 30-Day Deadline To Pay Arbitration Fees For Employee’s Arbitration Expenses Runs From Receipt Of Invoice

Cases: Arbitration

Fifth District Reversed An Order Withdrawing The Case From Arbitration Because Evidence Showed JAMS Invoice Not Received Until Later By Employer.                Construing CCP § 1281.98 through plain dictionary meanings, the Fifth District in Lopez v. Landscape Development, Inc., Case No. F085676 (5th Dist. Mar. 7, 2024) (unpublished) reversed an order withdrawing a case from

Arbitration: Employer’s Failure To Timely Pay Arbitration Fees To JAMS Under CCP § 1281.98 Meant Litigation For The Parties, With JAMS Having No Power To Extend The Deadline Unless All Parties Consent

Cases: Arbitration

Dissent Believed That The FAA Preempted Section 1281.98.             In Hohenshelt v. Superior Court, Case No. B327524 (2d Dist., Div. 8 Feb. 27, 2024) (published), by a 2-1 margin, the majority determined that employer forfeited the ability to arbitrate by not paying arbitration fees and expenses as required under CCP § 1281.98, even though JAMS

Arbitration: 4/1 DCA Follows Second District Decisions Holding Employer Wanting Arbitration Needs To Timely Pay Arbitration Expenses Under Penalty Of Litigating In Court

Cases: Arbitration

Facts Here Were That Employer Obtained Stay Of Court Case, But Did Not Timely Pay Arbitration Fees.             Although the procedural context was a little different because employer obtained an arbitration stay and then failed to timely pay fees for a contractual arbitration against employee, the 4/1 DCA followed the lead of Second District cases

Arbitration: Fees Incurred By Out-of-State Attorney and Pre-Arbitration Fees Were Correctly Allowed By Arbitrator

Cases: Arbitration

Attorney Did Not Represent Client So As To Practicing In Unauthorized Fashion And Pre-Arbitration Fees Fell Within Broad Arbitration Clause.             Arbitration fee awards are hard to overturn, as 1600 Barberry Lane 8 v. Mikles, Case No. D081775 (4th Dist., Div. 1 Jan. 17, 2024) (unpublished) establishes that well, in line with prior posts under

Arbitration: LASC Appellate Division Opinion Gives Guidance On MFAA Service Deadlines And Equitable Relief Theories

Cases: Arbitration

Technical Discussions Across The Board, But Deadlines For Practitioners To Keep In Mind.             Folke v. Pulliam, Case No. BV033781 (L.A. Super. Ct. Oct. 6. 2023, posted for publication on Nov. 1, 2023) did consider the timeliness of serving a petition to vacate an arbitration award rendered under the Mandatory Fee Arbitration Act, Bus.

Arbitration: $4.5 Million In Attorney Investigative Fees And $36,653 In Post-Arbitration Confirmation Costs To Prevailing Parties Affirmed On Appeal

Cases: Arbitration

Broad Contractual Dispute Resolution Clauses Supported The Appellate Results.             As we have said many times in this category, arbitration awards—unless against public policy—are hard to overturn because the merits of the award are usually not subject to rescrutiny by trial or appellate courts.  Also, the emerging trend is that post-arbitration court proceedings fees are

Arbitration: $167,315.94 In Attorney’s Fees Under An Arbitration Award Affirmed Where The Arbitration Fees Clause Did Not Prohibit Such A Fees Award And Where The Parties Submitted Fee Issues For Arbitral Resolution

Cases: Arbitration

Acquiescence Was A Key Predicate For Appeal Affirmance.             In Fidelity National Title Co. v. Mehta, Case No. B309988 (2d Dist., Div. 1 June 27, 2023) (unpublished), an arbitrator awarded about $440,000 in compensatory damages which were affirmed on appeal (even after reversal of a trial court deletion of consequential damages) and also awarded $167,315.94

Arbitration: Substantial Fee Awards Of Around $672,000 By An Arbitrator Under A Contractual Fees Clause Are Affirmed On Appeal

Cases: Arbitration

Arbitrator’s Fee Clause Interpretation Was Immune From A Merits Challenge.             In Mikali v. Benyamini, Case No. B316525 (2d Dist., Div. 5 May 16, 2023) (unpublished), an arbitrator interpreted a fees clause under a contractual agreement with an arbitration and fees clause, awarding certain defendants, respectively, $639,119 in fees and $32,647 in fees.  The trial

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