Parties’ Agreement To Litigate In Superior Court Proved Fatal To Prevailing Party’s Fee Recovery Plaintiff Mari sued Defendant Hawkins for professional negligence in connection with a survey, and prevailed in the trial court. However, the trial court denied Plaintiff’s request for attorney’s fees, because the fee provision was part of an arbitration provision […]
Plus We Learn Some Legal Arcana The next case, though unpublished, covers several interesting issues concerning the arbitrator’s authority, rules, sanctions, and fees. Prime Associates Group, LLC v. NAMA Holdings, LLC, Case No. B226167 (2nd Dist. Div. 4 June 19, 2012) (Suzukawa, J., author) (not for publication). The case involved a messy dispute […]
Under Civil Code Section 1717, There May Be Only One Prevailing Party Entitled to Recover Attorney’s Fees on Given Contract In Given Lawsuit The key to our next case, involving arbitration and attorney’s fees, turns on a nice point that may at first seem a technicality but is actually material and dispositive here. […]
Fifth District Explains That By Submitting A Dispute to An Arbitral Forum, A Party Does Not Necessarily Forgo Substantive Statutory Rights Plaintiff Ruth Chappell (replaced by her trustee Bickel after she died) sued an assisted living facility, Sunrise Assisted Living, for Elder Abuse. Chappell’s written agreement with Sunrise included an arbitration clause specifying […]
Once Again, Second District, Division 1 Gets to Explore Legal Consequences of Not Paying All the Arbitrator’s Fees The parties in Cinel v. Barna, Case No. B232380 (2nd Dist. Div. 1 May 18, 2012) (Johnson, J.) (unpublished) have undoubtedly expended lots of attorney’s fees by now, exploring the legal consequences of not paying […]
“Dispute Resolution” Encompassed More Than Arbitration Dispute resolution provisions in a contract often provide for attorney’s fees, and when they do, distinctions between such terms as "dispute resolution", "arbitration", "mediation", "lawsuit", and "legal proceeding" may become very significant. Such was the case in Toro Enterprises, Inc. v. Pavement Recycling Systems, Inc., Case No. […]
Some Orders Denying Petitions to Compel Arbitration Are More Equal than Others Defendant and Appellant Zani Mansouri spent over $200,000 in a patio improvements dispute with her HOA, Plaintiff and Respondent Fleur Du Lac Estates Association. Naturally, she hoped to recover her fees and costs after the trial court earlier granted the HOA’s […]
It’s Possible To Recover Post-Arbitration Fees, Without Being A Prevailing Party In the Arbitration This dispute, concerning the sale of a house, has been knocking around in the courts and in arbitration for several years. Toal v. Tardif, G044823 (4th Dist. Div. 3 March 29, 2012) (Ikola, J.) (not to be published). The […]
You know that this one must have been a real kerfuffle, because the Court of Appeal quotes the arbitrator: “Lots of fiercely fought and expensive litigation followed, including this arbitration.” Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor v. Rotondo, B221056 & B223528 (2nd Dist. Div. 7 March 22, 2012) (Woods, Acting P.J.) […]
Failure of Party to Pay Fees Here Resulted in Termination of Arbitration, and Case Bouncing Back to the Trial Court The next case grabbed Marc’s attention, because it involved a situation he has had to confront in arbitration: what to do when a party refuses to pay its share of arbitration fees. The […]