Cases: Arbitration

Arbitration: $13,000 MFAA Arbitration Award To Law Firm Affirmed Even Though No Arbitration Right Notice To Send To Client

Cases: Arbitration

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.  […]

Arbitration, Prevailing Party: $10,000 Attorney Fees Award To Prevailing Party On Motion To Vacate Arbitration Award Reversed On Appeal

Cases: Arbitration, Cases: Prevailing Party

The Parties’ Note Contained An Attorney Fees Provision, But Their Arbitration Agreement Did Not, And A Motion To Vacate An Arbitration Award Is Not An Action On A Note.             In Bilodeau v. Modern Mobile Homes, Case No. B302791 (2d Dist., Div. 6 March 29, 2021) (unpublished), plaintiff buyers entered into an agreement for

Arbitration: $66,375 Fee Award In A Convoluted Arbitration Battle Over “Consumer Arbitration” Rights Issue Affirmed On Appeal

Cases: Arbitration

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             This next one, Just a Fluke, Inc. v. Litalien, Case No. G058535 (4th Dist., Div. 3 Mar. 23, 2021) (unpublished), while convoluted, still shows that potentially arbitrating parties need to make sure they are not going to litigate and

Arbitration: Bacall v. Shumway Now Published

Cases: Arbitration

2/19/21 Unpublished Decision Now Citable For Confirming Wide Arbitrator Discretion In Dealing With A Substantial Fees Request.             On February 19, 2021, we posted on Bacall v. Shumway, Case No. B302787 (2d Dist., Div. 8 Feb. 18, 2021), which was unpublished at the time.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

Arbitration, Fee Clause Interpretation, Reasonableness Of Fees, Section 1717: $1,237,501 Million Fee Award For Arbitration, Creditors Action, And Related Proceedings Affirmed On Appeal

Cases: Arbitration, Cases: Fee Clause Interpretation, Cases: Reasonableness of Fees, Cases: Section 1717

Broad Fee Clauses Were The Bases For The Affirmed Award.             In Currency Corp. v. Wertheim, LLC, Case No. B276506 (2d Dist., Div. 1 Mar. 2, 2021) (unpublished), Wertheim initiated legal proceedings spanning 15 years, culminating in an arbitration in which it achieved nothing (according to the DCA panel) because part of the award was

Arbitration: $237,607.25 Arbitrator Fee Award Affirmed Despite Some Ambiguity On How Fee Proceedings Were Handled

Cases: Arbitration

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

Arbitration: Arbitrator’s Decision To Reallocate Arbitration Attorney’s Fees And Costs Award In Payment Of Mortgage For Winning Tenants In Common Parties Was Proper

Cases: Arbitration

$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

Arbitration: Denial Of Attorney’s Petition To Confirm Non-Binding Arbitration Award Under MFAA Affirmed

Cases: Arbitration

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

Arbitration, Civil Rights, Costs: 4/3 DCA Reverses Fees Awarded To FEHA Defendants For Motion To Compel Arbitration Efforts And Costs Awarded For Prevailing In The Arbitration

Cases: Arbitration, Cases: Civil Rights, Cases: Costs

Plaintiffs Achieved Partial Success In Their Opposition To Defendants’ Motion To Compel Arbitration, And Fees/Costs Are Not Awardable To Prevailing FEHA Defendant, Pursuant To Gov. Code § 12965(b), Unless The Court Finds Action Was Frivolous, Unreasonable, Or Groundless When Brought, Or The Plaintiff Continued To Litigate After It Became Clearly So.             In Humphrey v.

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