On The Difference Between A Final Award And An Interim Award Dismissing Claims But Leaving The Door Open For Additional Claims. In Ortiz v. Elmcrest Care Center, LLC, B330377 (2/3 pub. 11/7/24) (Egerton, Adams, Bershon), Ericka Ortiz, representing the Estate of Jose de Jesus Ortiz, sued Elmcrest Care Center and its staff, alleging elder […]
Party Seeking To Vacate Arbitration Award Must Satisfy Separate Deadlines. The thirty-two page slip opinion in Valencia v. Mendoza, B325803 (2/7 7/1/24) (Feuer, Martinez, Segal) affirms a $432 K award in favor of plaintiffs/respondents the Valencias. The underlying dispute concerned failure to disclose defects in a home sale. The most important point relates to deadlines […]
Once The Arbitrator Determines All Issues Necessary To Resolve The Essential Dispute, The Arbitrator's Ruling Constitute A Final Award Under § 1283.4. The arbitrator issued an award, labeled neither final nor interim, on April 3, 2020, denying employee a finding of liability in her favor, and denying employee and respondent employer attorney's fees, on […]
Arbitrator Acted Within Nonstatutory Power To Amend Award and Also Exercised Equitable Powers. Starr v. Mayhew, G060277 (4/2 9/1/22, cert for pub. 9/28/22) (Moore, Goethals, Moteike) involved a dispute among members of an LLC as to their respective ownership interests and as to whether Mayhew, who managed the LLC, had a right to be […]
Los Angeles Arbitrator Awards $175M Plus Attorney's Fees Plus Royalty. Daily Journal Staff Writer Federico Lo Giudice reported the award on April 7, 2022 in an article entitled, "Arbitrator awards $175M to Monster in energy drink dispute." The arbitrator is Bruce A. Isaacs. The law firm representing the successful parties Monster Energy Co. and […]
This Case Is Must Reading For Determining Whether An Arbitrator's Ruling Is An Award. "As this case highlights, whether an arbitrator's ruling constitutes an 'award' is a significant event." Lonky v. Patel, B295314 consolidated with B297632 (2/2 7/2/20) (Hoffstadt, Lui, Chavez). Indeed. The arbitrator can continue to issue interim rulings before there […]
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 […]
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 […]
Plaintiff Finds Way Around JAMS Deadline The next case illustrates the fundamental point that an arbitration award is not the same as a judgment, and that even after the time has expired under the governing arbitration rules to amend the award, it may still be possible to amend the judgment confirming the award. Butler […]
Ninth Circuit Instructs District Court To Award Plaintiff/Appellant Interest On Non-Contract Damages In Arbitration Award Above: Frenchman’s Flat, Nevada. Atomic cannon test. 1953. Library of Congress. Judge Duffy’s wry comment upfront signaled where the Ninth Circuit panel was going on this one: “Lloyd’s pussyfooted for years only to eventually deny the claim […]