Private Attorneys General Act of 2004 Claims Brought By Parties Suing In Representative Capacity Do Not Have To Be Arbitrated On An Individual Basis. I posted on March 16, 2014 about Ybarra v. Apartment Investment and Management Company, B245901 (2nd Dist. Div. 2, March 13, 2014) (Ashmann-Gerst, Boren, Ferns) (Ybarra). At the time, I […]
The Context: Arbitral Award Against LLC, Jury Trial Against Members Of LLC. Following a default prove-up, plaintiff listing broker CB Richard Ellis, Inc. obtained a substantial arbitral award from an LLC owing CBRE a commission for the sale of real property. Because the LLC had no assets, CBRE then sued the individual members of […]
Arbitrator Focused On Risk Incurred By Counsel And Degree Of Success Achieved Above: Ever-vigilant Canadian mounted policeman. ca. 1917. Library of Congress. Shawn Irving and Catherine Gleason-Mercier of the Canadian law firm Osler, Hoskin & Harcourt LLP reported on September 30, 2014, that an arbitrator has awarded $10.45 M to class counsel in […]
But Federal Law Is Not So Clear The issue in Operating Engineers Local Union No. 3 v. City of Porterville, Case No. F067635 (5th Dist. Oct. 2, 2014) (Kane, Levy, Detjen) (unpublished) is whether an agreement between a city and a union to submit an employment dispute to advisory arbitration is enforceable under the […]
An Episode Of “Real Real Estate Owners Of Orange County” . . . The opening paragraph clues us that the panel found this appeal tiresome: “This case is the result of a business relationship gone so bad that the arbitrator likened it to ‘a highly contested family law dissolution replete with acrimony, significant […]
Arbitrator Did Not Exceed His Powers By Enforcing Oral Fee Splitting Arrangement Attorneys Cohen and Sheinkopf had an oral agreement to split client fees: 75% to Cohen, 25% to Sheinkopf. After the two attorneys went their separate ways, they arbitrated a fee dispute in which the arbitrator enforced their oral fee splitting agreement, resulting […]
Judgment Confirming Arbitration Award Is Reversed, And Appeal From Sanction Order Is Dismissed. Wendy Kronick appealed from the trial court’s judgment confirming an arbitration award in favor of her former family law attorney, Debra A. Opri. Kronick v. Opri, B241510 (2/1 Sept. 30, 2014) (Ashmann-Gerst, Chavez, Ferns) (unpublished). Ms. Kronick argued that the […]
The Party Allowed To Keep A $500,000 Deposit Was The Appellant SSIC, LLC, the seller of a mobile home park with serious financial problems, received an arbitral award allowing seller to keep a $500,000 deposit from buyer Kleege. Not content with retaining the deposit, the seller appealed, arguing that a contractual provision was unambiguous, […]
Also, JAMS Rules Did Not Enlarge Arbitrator’s Powers To Correct Final Award. Cooper v. Lavely & Singer, Case No. B251508 (2/4 Sept. 26, 2014) (Manella, Epstein, Willhite) (published) offers a very instructive discussion about correction of an arbitration award. Perhaps the best lesson here is for arbitrators – be careful about issuing dicey final […]
Maxim of Equity: “No one can take advantage of his own wrong.” (Civ. Code, section 3517). Defendant/Appellant Donn Zellet appealed from a judgment confirming an arbitration award for $376,418 in damages, contending the arbitrator exceeded her powers in grossly miscalculating damages, and the superior court erred in not correcting the award. Clark v. […]