Category: Arbitration: Fees

Arbitration, MFAA: CCA 1st Dist. Div. 4 Holds That A Malicious Prosecution Cannot Rest On An MFAA Arbitration, Reversing Trial Court

May 29, 2020 · Arbitration: Fees

And Because The Malicious Prosecution Plaintiff Cannot Win, An Anti-SLAPP Motion By Defendant Succeeds. The holding of Dorit v. Noe, A157433 (1/3 5/26/20) (Brown, Pollak, Tucher) is that a malicious prosecution cause of action cannot be based on a mandatory fee arbitration act (MFAA) arbitration. Along the way to its conclusion, the […]

MFAA, Appealibility, Jurisdiction: An Order Denying A Petition To Compel A Mandatory Fee Arbitration Act Arbitration Is Not Appealable

June 17, 2019 · Arbitration: Appealability, Arbitration: Fees, Arbitration: Jurisdiction, Arbitration: MFAA

Appealability Under The Mandatory Fee Arbitration Act Is Different Than Appealability Under The California Arbitration Act. The holding of Levinson Arshonsky & Kurtz LLP v Kim (2/1 5/29/19) (Weingart, J.), is that an order denying a petition to compel an MFAA arbitration is not appealable. Therefore, the Court of Appeal lacks jurisdiction to […]

Arbitration, Nonsignatories, Agents, and Fees: Second District, Div. 7 Explains When Signatory To Arbitration Agreement Can Compel Nonsignatory Parent Of Signatory Subsidiary To Arbitrate

January 30, 2019 · Arbitration: Agents, Arbitration: Fees, Arbitration: Nonsignatories

Court Of Appeals Also Distinguishes Between Arbitrator's Power To Deny Attorneys' Fees To Prevailing Party And Court's Error In Denying Attorneys' Fees Incurred In Postarbitration Proceedings. The Court of Appeal has done something very useful in this 57-page slip opinion concerning arbitration proceedings, and we like that. The Court has summarized its holding […]

Arbitration, FAA, Adequacy of Record, Collateral Estoppel, Fees: Five Unpublished Cases Involving Hodgepodge Of Issues Result In Four Affirmances And One Dismissal.

October 30, 2018 · Arbitration: Collateral Estoppel/Res Judicata, Arbitration: Federal Arbitration Act, Arbitration: Fees, Arbitration: Record

Arbitration Cases Fly Under The Radar. In recent years, I have concentrated more on published arbitration cases than on unpublished cases — first, because the unpublished cases are not citable in California state courts, and second, because there are simply so many of them. However, today, I have gathered five unpublished cases appearing […]

Arbitration, Fees, Jurisdiction: First District, Div. 2 Holds That California Court, Rather Than Tribal Court, Had Jurisdiction To Award Fees For Successful Motion To Compel Arbitration

September 25, 2018 · Arbitration: Fees, Arbitration: Jurisdiction

Tribal Sovereign Immunity Was At Issue. Lawsuits filed against Indian tribes trigger issues of tribal sovereign immunity and jurisdiction. Such was the case in Findleton v. Coyote Valley Band of Pomo Indians, A150444 (1/2 9/25/18) (Stewart, Kline, Richman). This is the third appeal concerning contractor Findleton's efforts to enforce arbitration clauses against the Coyote […]

Arbitration, Fees: Cal Supreme Court Agrees That Law Firm’s Conflict Of Interest Prevents It From Recovering Fees, But

August 31, 2018 · Arbitration: Fees

Majority Remands So That Quantum Meruit Recovery Can Be Considered; Dissent Believes Neither Contractual Nor Quantum Meruit Recovery Should Be Awarded. Dear Readers, as we approach the three-day Labor Day Weekend, which I hope each of you will enjoy, I would like to spare your having to read a California Supreme Court majority slip […]

Fees, Section 1286.2 Vacatur: Recent 2/1 DCA Unpublished Opinion Is A Stark Reminder To Raise Fees And Costs Issue To An Arbitrator Before A Final Award Is Issued

May 17, 2018 · Arbitration: Fees, Arbitration: Section 1286.2 Vacatur

Otherwise, Fees/Costs Recovery Could Be Forfeited; Best Is To Ask For An Interim Award On Merits And Reserve Other Issues For Later Interim Award. The next case really is a stark reminder to litigators to make sure an arbitrator reserves fees and costs issues for decision in a subsequent interim award after an interim […]

Arbitration/Fees/Enforceability: Party Who Has Engaged In Arbitration In Good Faith And Becomes Unable To Pay Arbitrator’s Fees May Be Entitled To Day In Court

May 1, 2018 · Arbitration: Fees

The Options: The Other Side Can Pay Arbitration Fees, Or The Matter Can Move To Court. "In its majestic equality," wrote Anatole France, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread." So does this principle of equality mean that the law forbids a […]

Arbitration/Fees: Attorney Relies On Arbitration Provision To Arbitrate Fee Issue, And Obtains Very Substantial Award

April 30, 2018 · Arbitration: Fees

$78,154.49 In Unpaid Fees Plus $126,406.25 In Fees Plus $36,681.57 In Costs Plus $133,362.50 In Fees From Court For Motion To Compel And Motion To Confirm Award. On April 28, 2018, my colleague Mike Hensley posted on Caswell v. Jamgotchian, Case No. B271389 (2d Dist., Div. 3 Apr. 24, 2018) (unpublished) in our California Attorney's Fees blawg. […]

Arbitration/Fees: 2/1 DCA Accepts “Incremental Or Successive Award Process” To Allow Party To Obtain Cost Award After Trial Judge Entered Judgment On “Partial Final Award”

April 2, 2018 · Arbitration: Fees

Court Of Appeal Couldn't Find Case Or Rule Preventing This Procedure. EHM Productions, Inc. v. Starline Tours of Hollywood, Inc., B281595 (2/2 3/28/18) (Chavez, Lui, Ashmann-Gerst), presents a situation that arises from time to time in arbitration: a prevailing party seeks to recover attorney's fees, costs, or both, after an earlier entry of […]