Cases: Arbitration

The Miscalculation Was Not Evident From The Face Of The Prior Award.             Crooymans v. Givner, Case No. B305916 (2d Dist., Div. 3 Sept. 7, 2021) (unpublished) demonstrates how narrow the power of an arbitrator is to correct an arbitration award under CCP § 1286.6(a).  There, children, the executors/trustees of their late father’s estate/trust, filed […]

Sophisticated Client, An Attorney, Participated In MFAA Arbitration Such That Failure To Provide Notice Was Not Jurisdictional.             After participating in a Mandatory Fee Arbitration Act (MFAA), Bus. & Prof. Code, §§ 6200-6206, fee arbitration and losing to the tune of about $13,000, ex-client—a licensed attorney–appealed a confirmed fee award in favor of her ex-attorneys. 

4/3 DCA Determines That Interim Fights On Arbitration Threshold Issues Gave A Basis For Fees.             This next one, Just a Fluke, Inc. v. Litalien, Case No. G058535 (4th Dist., Div. 3 Mar. 23, 2021) (unpublished), while convoluted, still shows that potentially arbitrating parties need to make sure they are not going to litigate and

After All, The $300 Filing Fee Was Subject To Adjustment By The Arbitrator—Why Tens Of Thousands Of Dollars Expended To Fight Such A Benign Order?             The 2/7 DCA, in Metz v. Kavanaugh, Case No. B294388 (2d Dist., Div. 7 Mar. 17, 2021) (unpublished), had to deal with an appeal of a superior court order

2/19/21 Unpublished Decision Now Citable For Confirming Wide Arbitrator Discretion In Dealing With A Substantial Fees Request.             On February 19, 2021, we posted on Bacall v. Shumway, Case No. B302787 (2d Dist., Div. 8 Feb. 18, 2021), which was unpublished at the time.  Bacall affirmed an arbitrator’s award of $237,607.25 to a prevailing party

We Don’t Necessarily Agree With The Result In This One—But It Does Reflect Deference To Arbitrator Decisions.             Bacall v. Shumway, Case No. B302787 (2d Dist., Div. 8 Feb. 18, 2021) (unpublished) is an interesting affirmance of an arbitrator’s award of attorney’s fees in the amount of $237,607.25.  Although we do not opine often on

$304,894.15 Was The Reallocation Remedy.             Ahn v. Sanger, Case Nos. A157260/157935 (1st Dist., Div. 1 Jan. 15, 2021) (unpublished) demonstrates the breadth of arbitrators’ remedies as long as they rationally related to the contractual dispute being resolved.             There, in an initial arbitration, the Sangers won a contractual dispute against Ahn involving a multi-residential

Client Timely And Properly Rejected Non-Binding Award By Commencing A Trial After Arbitration And Notifying Attorney’s Counsel Of Client’s Intent To Reject The Award.             The Mandatory Fee Arbitration Act (MFAA) (Bus. & Prof. Code, § 6200 et seq.) recognizes “the disparity in bargaining power in attorney fee matters which favors the attorney in dealings