Author: calmediation

Mediation/Attorney’s Fees/Pending Cases: Fifth District Orders Publication Of Case Allowing Homeowners To Recover Pre-Litigation Mediation Fees From HOA

January 16, 2013 · Mediation: Attorney's Fees, Pending Cases

Grossman v. Park Fort Washington Association Is Ordered Published On December 19, 2012, I posted about Grossman v. Park Fort Washington Association, Case No. F063125 (5th Dist. Dec. 19, 2012) (Franson, J.), a case in which the Court of Appeal held that the trial court correctly awarded fees for pre-litigation mediation to homeowners involved […]

Arbitration/Consumers/Class Actions/FAA: Second District, Division 8 Rules That Consumer Legal Remedies Act’s Prohibition Against Class Waivers Is Preempted By The Federal Arbitration Act

January 15, 2013 · Arbitration: Automobiles, Arbitration: Class, Arbitration: Consumers, Arbitration: Federal Arbitration Act

“Saving Clause” of the FAA Doesn’t Save Consumer’s Unwaivable Statutory Rights Here A hot arbitration topic is whether in various circumstances the Federal Arbitration Act (FAA) preempts “unwaivable statutory rights” under state law. That was an important question in Flores v. West Covina Auto Group, Case No. B238265 (2nd Dist. Div. 8 January 11, […]

Arbitration/Construction/Burden of Proof: Fourth District, Division 3 Affirms Contractor’s Right To Arbitrate In Decision That Hinges On The Word “Involves”

January 10, 2013 · Arbitration: Burden of Proof, Arbitration: Construction of Agreement

Disneyland of Construction: Involvement In Project Versus Involvement In Dispute Is The Issue Here Carol M. Highsmith, photographer. Between 1980 and 2006. Library of Congress. Subcontractor Pacific Westline, Inc. sued contractor C.W. Driver, alleging Driver refused to pay for additional work on a hotel at Disneyland. Driver successfully petitioned to compel arbitration, and Pacific […]

Arbitration/1286.2 Vacatur: Second District, Div. 2 Affirms Judgment Confirming Arbitration Award in Attorney-Client Fee Dispute

January 8, 2013 · Arbitration: Fees, Arbitration: Public Policy, Arbitration: Section 1286.2 Vacatur

“Manifest Disregard of the Law” Doctrine Inapplicable to Arbitrator’s Decision Concerning Attorney’s Fees Dispute Between Law Firm and Client Appellant Fuchs & Associates, Inc. (Law Firm) sued former client, Elke Lesso, for unpaid attorney’s fees of $647.688.13. An arbitrator found Law Firm was not entitled to recover additional fees, and its attorney fee lien […]

Scope of Arbitrator’s Power: Arbitrator Did Not Exceed Scope of His Power When He Denied A Motion For An Uncontested Arbitration

January 8, 2013 · Arbitration: Scope, Arbitration: Section 1286.2 Vacatur

Result Is Dictated By Stipulation to Arbitrate, Weak Record, and Failure To Object Earlier Wheel of Fortune. Carol M. Highsmith, photographer. Between 1980 – 2006. Library of Congress. Plaintiff Jin Gang Zhao was on a bus headed to a casino, when a bus accident occurred, he fell to the floor, and injured his back. […]

Mediation/Condition Precedent/Attorney’s Fees: Second District, Division 2 Reverses Award Of Attorney’s Fees To Prevailing Tenant Who Failed To Request Mediation

January 7, 2013 · Mediation: Attorney's Fees, Mediation: Condition Precedent

Magnitude Of Loss Of Fees Based On Failure To Mediate Eclipses Substantive Win Eclipse Chewing Tobacco. c1871. Library of Congress. Our blog has a sidebar category “Mediation: Condition Precedent” that conveniently summarizes the problem that arose for the plaintiff/respondent/tenant in the next case. The accompanying tobacco label for a solar eclipse provides a graphic […]

Arbitration/Unconscionability/Severability: First District, Division 1 Affirms Denial Of Petition To Arbitrate Car Sales Contract Dispute On Grounds Of Unconscionability

January 7, 2013 · Arbitration: Consumers, Arbitration: Severability, Arbitration: Unconscionability, Pending Cases

The Issue Is Also Pending In The California Supreme Court The latest in the crop of cases concerning car sales contracts and petitions to compel arbitration is Natalini v. Import Motors, Inc., Case No. A133236 (1st Dist. Div. 1 January 7, 2013) (Simons, J., author) (unpublished). The Court had no trouble affirming the denial […]

Arbitration/Section 1295/Section 1281.2: Fourth District, Division 2 Affirms Denial Of Petition To Arbitrate Wrongful Death Claim Against Senior Living Center Outside Context of CCP Section 1295

January 6, 2013 · Arbitration: Nonsignatories, Arbitration: Section 1295 (Medical Malpractice), Arbitration: Third Party Beneficiaries

In Which We Inaugurate A New Side Bar Category: Section 1295 (Medical Malpractice) “The Patient.” Frederic Dorr Steele, artist. 1901. Library of Congress. The plaintiff in the next case, Norma Daniels, is alive. Her mother, Margaret Barcenas, is dead. Ms. Daniels sued a residential care facility for the elderly (RCFE), its […]

The Supreme Court and Arbitration – 2012 and 2013

January 5, 2013 · Pending Cases, Reviews

Recommended reading: two posts by attorney Liz Kramer in Arbitration Nation: “2012 in Arbitration Law: Is Class Arbitration Naughty or Nice?” and “Preview of SCOTUS’s 2013 Double Feature on Class Action.” That Was the Year That Was In 2012, the big issue was class arbitration, with several states having pro-class-arbitration decisions reversed based […]

Arbitration/Consumers/Unconscionability: Second Dist. Div. 3 Affirms Order Denying Petition To Compel Arbitration Of Consumer Dispute Over Used Car

January 1, 2013 · Arbitration: Automobiles, Arbitration: Consumers, Arbitration: Unconscionability

Procedural and Substantive Unconscionability Drive The Result Arbitration clauses, automobile purchases and leases provide a ripe area for dispute. In 2012, I reported on a number of those disputes. See my posts of April 12, 2012 (Kolev v. Euromoters West/The Auto Gallery; opinion withdrawn by 9th Cir.), August 1, 2012 (Caron v. Mercedes-Benz Financial […]