Category: Arbitration: Fees

Consumer Arbitration/Employees/Enforceability/ Fees: CCP 1284.3 Prohibits Fee Shifting In Employee Arbitrations But Not On The Facts Of This Case

September 10, 2014 · Arbitration: Consumers, Arbitration: Employment, Arbitration: Enforceability, Arbitration: Fees

Court of Appeal Was Unable To Find Precedent On Whether CCP 1284.3, Pertaining To Consumer Arbitrations, Applies To Employer-Employee Arbitrations, And Reaches Its Own Conclusion On March 12, 2014, I posted about an earlier Court of Appeal decision involving the same parties and the same arbitration agreement as here, in which the Court held […]

Arbitration/Rules/Fees: Court Of Appeal Affirms Denial Of Request For Attorney’s Fees As AAA Rules Were Insufficient Basis For Fee Entitlement

May 16, 2014 · Arbitration: Fees, Arbitration: Rules

AAA Clause Does Not Contain Required Prevailing Party Language Necessary For Fee Recover Under Civ. Code section 1717 In Fujian Peak Group, Inc. v. Huang, No. D063296 (4th Dist. Div. 1 May 15, 2014) (Huffman, McConnell, O’Rourke) (unpublished), defendant Huang was deleted from an arbitration award because he had neither been served nor had […]

Arbitration/Enforceability/Fees: Fourth District, Div. 3 Rules That Impoverished Plaintiffs Unable To Pay Arbitration Fees May Be Excused From Arbitration

August 28, 2013 · Arbitration: Enforceability, Arbitration: Fees

Hobson’s Choice? – Defendant Can Choose To Pay Arbitration Fees If Trial Court Determines Plaintiffs Are Unable To Pay “The only issue before us is whether plaintiffs, each of whom were subsequently granted permission to proceed in forma pauperis in the trial court, could likewise be excused from the obligation to pay fees associated […]

Arbitration/Fees: First District, Division 1 Overturns Fee Award Because Party Prevailing In Declaratory Judgment Action To Stay Arbitration Was Not Necessarily The Ultimate Prevailing Party

August 4, 2013 · Arbitration: Fees

It Ain’t Over Till Its Over Plaintiff Abbey filed two lawsuits against Fortune Drive Associates, LLC, the first lawsuit concerning his business dealings, the second lawsuit seeking declaratory relief to stay an arbitration commenced by Fortune. Abbey prevailed in the second lawsuit, successfully staying the arbitration, and before the conclusion of the first lawsuit, […]

Arbitration/Fees/Construction of Agreement/Mediation/Settlement Agreement: Limiting Language in Settlement Agreement Required Arbitrator, Not Court, To Determine Fees

May 19, 2013 · Arbitration: Construction of Agreement, Arbitration: Fees, Mediation: Settlement Agreement

"Customary Provision Allowing for the Award of Legal Fees in Any Action on a Contract" Was Missing Here This case presents a common issue: whether a prevailing party must seek fees from the arbitrator or from the trial court. Here, the issue was resolved by express, non-standard language in a settlement agreement. DeSena v. […]

Arbitration/Consumers/Fees: Sorry, Wrong Number – Court of Appeal Rejects Cingular Wireless Customer’s Claim That Fees Incurred Successfully Opposing Arbitration Before Concepcion Was Decided Amounted To Damages

February 3, 2013 · Arbitration: Consumers, Arbitration: Fees

Concepcion Looms Large, As Court Summons “Large Animal” and “Tanker of Ink”Images For The Case — And Its Wake The issue in Selby v. Cingular Wireless LLC, Case No. G045769 (4th Dist. Div. 3 January 29, 2013) (Bedsworth, J., author 3-0) (unpublished), was whether the customer of a cell phone carrier could state damage […]

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 […]

Arbitration/Scope/Fees: Court of Appeal Affirms Arbitration Award Leaving Out Attorney Who Refused Arbitration

October 31, 2012 · Arbitration: Class, Arbitration: Fees, Arbitration: Scope, Arbitration: Section 1281.2

Standing On One’s Right May Not Always Be The Best Way To Protect One’s Rights The stake in the next case was a share of a $380,000 attorney’s fees award in a class action lawsuit. The parties included the class, whose representative was McCall, and two law firms that had represented the class: Morris […]

Arbitration/Fees/: HOA’s Dismissal of Arbitration Against Management Company Results In Award of Attorney’s Fees Against HOA

October 16, 2012 · Arbitration: Fees, Arbitration: Homeowners

HOA Was Not Spared Fees Because It Initiated Arbitration, And Fees Clause Was Broad Enough To Cover Situation Plaintiff homeowners association, Lakeside Club Villas, Inc., settled with developer defendants, and therefore voluntarily dismissed an arbitration against defendant property management company. The management company brought a successful motion to obtain attorney fees. The HOA appealed, […]

Arbitration/Disclosures/Fees: Second District, Division 8 Affirms Significant Fee Award and Rejects Argument Arbitrator Failed to Make Required Disclosures

July 26, 2012 · Arbitration: Arbitrator, Arbitration: Disclosures, Arbitration: Fees

Profession Relationships Were Too Attenuated To Justify Disqualification Our next case is a lawsuit between a law firm and a lawyer/client over a significant amount of attorney’s fees – confirmation of the mission statement in our other blog, California Attorney’s Fees (brought to you by Mike Hensley and Marc Alexander), that attorney’s fees are […]